Opinions

Schmidt v. Job Service, et al. 2008 ND 188
Docket No.: 20080071
Filing Date: 10/22/2008
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: VandeWalle, Gerald

Highlight: For purposes of unemployment benefits, misconduct is conduct evincing a willful or wanton disregard of an employer's interests and is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of an employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to an employer.
The reasons for a teacher non-renewal may rise to the level of misconduct for purposes of unemployment compensation benefits.

Ebach v. Ebach 2008 ND 187
Docket No.: 20080057
Filing Date: 10/22/2008
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: A party seeking to modify a spousal support obligation must prove there has been a material change in circumstances since the time of the initial decree or, if the initial support award has been modified, a change since the subsequent modification.
A court must make sufficient factual findings to provide the appellate court with the basis for the court's decision.

State v. Wetzel 2008 ND 186
Docket No.: 20080042
Filing Date: 10/22/2008
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: Words of a statute are given their plain, ordinary, and commonly understood meaning.
The boundary of a county located next to the Missouri River extends to the center of the main channel of the river.

Matter of R.A.S. (Confidential) 2008 ND 185
Docket No.: 20080043
Filing Date: 10/22/2008
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Maring, Mary

Highlight: A court must make sufficient factual findings to provide the appellate court with the basis for the court's decision.
Generally, issues not raised in prior proceedings will not be addressed on appeal.

Public Service Commission v. Minnesota Grain 2008 ND 184
Docket No.: 20080068
Filing Date: 10/22/2008
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: On legal questions, such as interpretation of a statute, an agency's decision is fully reviewable on appeal.
Chapter 60-04, N.D.C.C., addresses insolvent grain warehousemen and provides an insolvency procedure designed to provide a prompt method for receipt holders to recover their claims.
Statutes relating to the same subject matter shall be construed together and should be harmonized, if possible, to give meaningful effect to each, without rendering one or the other useless.

Brown v. Brodell, et al. 2008 ND 183
Docket No.: 20080005
Filing Date: 10/22/2008
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Findings of fact in cases involving the doctrine of acquiescence are reviewed under a clearly erroneous standard.
A landowner may satisfy the doctrine of acquiescence by showing that a neighboring landowner recognized a boundary line through silence and conduct.

ND State Electrical Board v. Boren 2008 ND 182
Docket No.: 20070352
Filing Date: 10/22/2008
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: The right of appeal is governed solely by statute in this state, and if there is no statutory basis to hear an appeal, the appeal must be dismissed.
There is a two-part test for determining whether jurisdiction over an appeal exists: First, the order appealed from must meet one of the statutory criteria of appealability set forth in N.D.C.C. 28-27-02. If it does not, the appeal must be dismissed. If it does, then Rule 54(b), N.D.R.Civ.P., must be complied with.

House v. Royer, et al. 2008 ND 181
Docket No.: 20080081
Filing Date: 10/22/2008
Case Type: Appeal - Civil - Landlord/Tenant
Author: Per Curiam

Highlight: Judgment of eviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Bolinske v. Jaeger, et al. 2008 ND 180
Docket No.: 20080222
Filing Date: 9/29/2008
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Per Curiam

Highlight: A writ of mandamus may be issued to compel the performance of an act which the law specifically requires a state official to perform.
A vacancy on a no-party ballot exists when a candidate nominated at the primary election dies, resigns, or otherwise becomes disqualified to have the candidate's name printed on the ballot at the general election, no candidates were nominated at the primary election because the office did not yet exist, or the timing of the vacancy in an office makes it impossible to have it placed on the primary ballot.
A vacancy does not exist on a no-party ballot if only one candidate runs for a designated position at the primary election, is nominated, and is listed on the general election ballot.
Parties raising a constitutional challenge must bring up the heavy artillery or forego the attack entirely.

Tarnavsky v. Tarnavsky, et al. 2008 ND 179
Docket No.: 20070161
Filing Date: 9/26/2008
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Orders denying motions to "Quash Garnishment Summons," to "Expunge Order Denying Motion to Quash Garnishment Summons," to "Deny Order Confirming Sale," to amend findings under N.D.R.Civ.P. 52(b), for "Extra Ordinary Relief," and for relief from the judgment under N.D.R.Civ.P. 60(b) are summarily affirmed under N.D.R.App.P. 35.1(a)(1), (2), and (4).