Opinions

Discover Bank v. Romanick, et al. 2023 ND 172
Docket No.: 20230227
Filing Date: 9/28/2023
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: McEvers, Lisa K. Fair

Highlight: We exercise our supervisory jurisdiction rarely and cautiously to rectify errors and prevent injustice in extraordinary cases in which no adequate alternative remedy exists.

A party who files a complaint must serve notice of filing on the other parties, except upon defaulting parties.

When a defendant has not appeared, he is not entitled to be notified of the motion for default judgment.

When the plaintiff declares the defendant did not answer or otherwise appear and its claim is for a sum certain—as evidenced through declaration and written instrument—the court abuses its discretion by failing to direct entry of default judgment.

Berger, et al. v. Sellers, et al. 2023 ND 171
Docket No.: 20220322
Filing Date: 9/28/2023
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: A planned unit development is a form of zoning ordinance which is interpreted under rules of statutory construction. Where an incorporated reference is subsequently modified or repealed, that change does not alter the meaning of the law incorporating that reference.

A party is not required to exhaust administrative remedies prior to suit when the issue concerns the interpretation of an unambiguous statute and does not need the exercise of an agency’s expertise in making factual decisions.

The interpretation of a restrictive covenant is generally governed by rules for interpretation of a contract. Restrictive covenants will be given full effect when clearly established.

Whether a fiduciary relationship exists is generally a question of fact, dependent upon a showing of special circumstances.

Violating a requirement in the planned unit development or restrictive covenants constitutes an “unlawful” act for purposes of a statutory private nuisance claim. Homeowners do not have a right to sunlight and open space on adjacent properties.

Conduct that constitutes a breach of contract does not subject the actor to an action in tort for negligence, unless the conduct also constitutes a breach of an independent duty that did not arise from the contract. Section 9-10-01, N.D.C.C., codifies the general duty of care to abstain from injuring property or infringing upon rights. Neighbors who are members of a homeowners’ association owe each other an ordinary duty of care. A homeowners’ association owes homeowners reasonable care in approving construction plans. The fact finder determines how a reasonable homeowners’ association would act under the circumstances and whether the association exercised reasonable care in performing its duties. Generally, a contractor is relieved of liability if he followed the contractee’s plans or specifications which were defective or insufficient, and the defect or insufficiency caused the damage.

Slander is a false and unprivileged publication other than libel. Intentional interference with contract requires a breach of contract. Unlawful interference with business requires an independently tortious or otherwise unlawful act of interference. Negligence requires a breach of duty.

Berger, et al. v. Sellers, et al. 2023 ND 171
Docket No.: 20220322
Filing Date: 9/28/2023
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Vacancy in Judgeship No. 1, SEJD 2023 ND 170
Docket No.: 20230256
Filing Date: 9/20/2023
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgship retained at Jamestown.

Disciplinary Board v. Slyva 2023 ND 169
Docket No.: 20230232
Filing Date: 9/18/2023
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

Suiter v. NDDOT 2023 ND 168
Docket No.: 20230109
Filing Date: 9/14/2023
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: The district court judgment affirming an administrative suspension of a defendant’s driver’s license is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7).

Ruiz Ledezma v. State 2023 ND 167
Docket No.: 20230055
Filing Date: 9/14/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: The district court order denying a defendant’s petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Bechtle v. Bechtle, et al. 2023 ND 166
Docket No.: 20230054
Filing Date: 9/14/2023
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court order denying a motion to modify parenting time is summarily affirmed under N.D.R.App.P 35.1(a)(2).

Buller v. Buller 2023 ND 165
Docket No.: 20230050
Filing Date: 9/14/2023
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court’s order regarding primary residential responsibility and valuation and distribution of the martial estate is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Friends of the Rail Bridge, et al. v. N.D. Dep't of Water Resources, et al. 2023 ND 164
Docket No.: 20230255
Filing Date: 9/14/2023
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Jensen, Jon J.

Highlight: This Court exercises its supervisory jurisdiction when no adequate alternative remedy exists and not merely because the appeal may involve an increase of expense or an inconvenient delay.