Opinions

Estate of Grenz 2020 ND 189
Docket No.: 20190363
Filing Date: 8/31/2020
Case Type: PROBATE - WILLS - TRUSTS
Author: Tufte, Jerod E.

Highlight: A district court’s decision to invalidate a portion of a decedent’s will based on undue influence and to give effect to a portion of a contingent distribution clause is affirmed.

City of West Fargo v. Olson, et al. 2020 ND 188
Docket No.: 20200183
Filing Date: 8/27/2020
Case Type: WRIT OF SUPERVISION (Crim.)
Author: Jensen, Jon J.

Highlight: The Supreme Court exercises supervisory jurisdiction only in extraordinary cases to rectify errors and prevent injustice when no adequate alternative remedy exists.

Because the individual who initially inspected and reviewed the installation of the Intoxilyzer 8000 testing device did not make any testimonial statements under the Confrontation Clause or Rule 707 of the North Dakota Rules of Evidence, the City of West Fargo is not required to produce her at trial.

Muhlbradt, et al. v. Pederson, et al. 2020 ND 187
Docket No.: 20190327
Filing Date: 8/27/2020
Case Type: OIL, GAS AND MINERALS
Author: McEvers, Lisa K. Fair

Highlight: Deeds are construed in the same manner as contracts with the primary purpose to ascertain and effectuate the parties’ or grantor’s intent.

Whether a deed is ambiguous is a question of law, which is fully reviewable on appeal.

Kvande v. Thorson 2020 ND 186
Docket No.: 20190356
Filing Date: 8/27/2020
Case Type: REAL PROPERTY
Author: McEvers, Lisa K. Fair

Highlight: Laches is the delay in enforcing a person’s rights that disadvantages another, and a party asserting laches must prove he was so prejudiced during the delay that he cannot be restored to status quo.

Equitable estoppel cannot be used to create an enforceable agreement between the parties.

City of Glen Ullin, et al. v. Schirado, et al. 2020 ND 185
Docket No.: 20200075
Filing Date: 8/27/2020
Case Type: TORTS (NEGLIGENCE, LIAB., NUIS.)
Author: Tufte, Jerod E.

Highlight: A district court’s application of res judicata to claims concerning rights to real property is partially affirmed and partially reversed.

Koffler v. Koffler 2020 ND 184
Docket No.: 20190378
Filing Date: 8/27/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Tufte, Jerod E.

Highlight: A child support obligor’s self-induced reduction in income generally does not constitute a material change in circumstances warranting a modification of a child support obligation.

State v. M.J.W. 2020 ND 183
Docket No.: 20200008
Filing Date: 8/27/2020
Case Type: DRUGS/CONTRABAND
Author: Tufte, Jerod E.

Highlight: Section 12-60.1-02(1)(a), N.D.C.C., authorizes an individual to petition the district court to seal a criminal record only when the individual had not been charged with a new crime for at least three years from the date of release from incarceration, parole, or probation.

A district court errs when it grants a petition not authorized by statute.

Woodrock, et al. v. McKenzie Cty. 2020 ND 182
Docket No.: 20200066
Filing Date: 8/27/2020
Case Type: CONTRACTS
Author: McEvers, Lisa K. Fair

Highlight: A contract to supply aggregate materials to a county stockpile is not a contract for the “construction of a public improvement” under N.D.C.C. ch. 48-01.2.

The county was not required to obtain a bond from a contractor for a contract to supply aggregate materials to stockpiles under N.D.C.C. § 48-01.2-10.

Gimbel v. Magrum, et al. 2020 ND 181
Docket No.: 20190412
Filing Date: 8/27/2020
Case Type: REAL PROPERTY
Author: Crothers, Daniel John

Highlight: A district court judgment determining real estate was not acquired by adverse possession or acquiescence is affirmed.

Instasi v. Hiebert 2020 ND 180
Docket No.: 20200037
Filing Date: 8/27/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: McEvers, Lisa K. Fair

Highlight: A court of this state may modify a child custody determination made by a court of another state if the court of the other state determines it no longer has exclusive, continuing jurisdiction or that a court of this state would be a more convenient forum.