Opinions

Watts v. State 2024 ND 136
Docket No.: 20240011
Filing Date: 7/5/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

East Central Water District v. City of Grand Forks, et al. 2024 ND 135
Docket No.: 20230389
Filing Date: 7/5/2024
Case Type: Certified Question - Civil - Civil
Author: McEvers, Lisa K. Fair

Highlight: The language "invalid and unenforceable" in N.D.C.C. § 6-09.4-22(2) means an agreement made without the public lending authority as a party is void ab initio.

State v. Lane 2024 ND 134
Docket No.: 20230401
Filing Date: 7/5/2024
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A criminal judgment entered after a jury found the defendant guilty of aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Belyeu v. State 2024 ND 133
Docket No.: 20230390
Filing Date: 7/5/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: A petition for postconviction relief seeking to withdraw the petitioner's guilty pleas is reviewed under N.D.R.Crim.P. 11(d), and the district court considers whether relief is necessary to correct a manifest injustice.

A petitioner seeking to withdraw his guilty plea alleging ineffective assistance of counsel must surmount the two-prong test set out by Strickland v. Washington, 466 U.S. 668 (1984).

To satisfy the first prong under Strickland, a petitioner must show his counsel's representation fell below an objective standard of reasonableness. To satisfy the second prong, a petitioner must establish there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial. The applicant must also show the district court that the decision to not plead guilty would have been "rational under the circumstances."

Postconviction relief is available under N.D.C.C. § 29-32.1-01(1)(e) when "[e]vidence, not previously presented and heard, exists requiring vacation of the conviction or sentence in the interest of justice."

A petition alleging newly discovered evidence following a guilty plea filed within the two-year statute of limitations is reviewed using analysis similar to a motion for new trial under N.D.R.Crim.P. 33(b).

Interest of H.J.J.N. 2024 ND 132
Docket No.: 20240060
Filing Date: 4/18/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: Litigants in civil nonjury cases have a right to have their attorneys make a final argument. A court errs by entering judgment prior to the closing of the briefing period.
In parental-termination cases, the court has discretion, which can be exercised only after considering the evidence and arguments.

Equinor Energy v. State 2024 ND 131
Docket No.: 20230225
Filing Date: 7/5/2024
Case Type: Appeal - Civil - Tax Related
Author: Jensen, Jon J.

Highlight: The North Dakota Tax Commissioner's longstanding interpretation of section 57-39.204.5(1), N.D.C.C., is not arbitrary or unjust and does not contradict the plain and ordinary meaning of that statute.

Oil and gas separators merely sort the "well stream" into its three component parts: water, oil, and gas, and are not exempt from sales tax under section 57-39.2-04.5(1), N.D.C.C.

McCay v. McCay, et al. 2024 ND 130
Docket No.: 20230360
Filing Date: 7/5/2024
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A district court's findings on a material change in circumstances, best interest factors (a), (b), (c), and (d), the findings supporting relocation, and the findings related to the new parenting schedule were not clearly erroneous.

Hovet, et al. v. Dahl, et al. 2024 ND 129
Docket No.: 20230322
Filing Date: 7/5/2024
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: To satisfy the elements for adverse possession, the acts on which the claimant relies must be actual, visible, continuous, notorious, distinct, and hostile, and of such character to unmistakably indicate an assertion of claim of exclusive ownership by the occupant. When the claim of exclusive right is not founded upon a written instrument, the premises actually occupied and no other must be deemed to have been held adversely.

Mowing and maintenance are not unmistakably hostile uses of land and do not support a claim of title by adverse possession.

A new encroachment must meet the statutory period to extend the adverse possession to new land.

The doctrine of acquiescence applies when parties mutually mistake a boundary as a property line.

Fisher v. NDDOT 2024 ND 128
Docket No.: 20240046
Filing Date: 7/5/2024
Case Type: Appeal - Administrative - Department of Transportation
Author: Tufte, Jerod E.

Highlight: The issuance of a temporary operator's permit is a basic and mandatory requirement of the statute. To issue the temporary operator's permit, a law enforcement officer must complete the Report and Notice containing the temporary operator's permit and officially distribute it, but service of the permit is not required.

State v. Smith (consolidated w/20240005) 2024 ND 127
Docket No.: 20240004
Filing Date: 7/5/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: This evidence was sufficient to support conviction on six counts of aggravated assault.

Felonious restraint is not a lesser included offense of forcible gross sexual imposition.

Aggravated assault is not a lesser included offense of forcible gross sexual imposition.

State v. Smith (consolidated w/20240004) 2024 ND 127
Docket No.: 20240005
Filing Date: 7/5/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: This evidence was sufficient to support conviction on six counts of aggravated assault.

Felonious restraint is not a lesser included offense of forcible gross sexual imposition.

Aggravated assault is not a lesser included offense of forcible gross sexual imposition.

Mwinyi v. State 2024 ND 126
Docket No.: 20240003
Filing Date: 7/5/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: The State must put the applicant on notice by serving and filing a notice of motion with any motion for summary dismissal or summary disposition. The State does not violate the rules of civil procedure by combining its answer to the postconviction application with the brief in support of its motion.

Ordinarily, summary disposition of an ineffective assistance of counsel claim should not be granted without an evidentiary hearing, but if the State moves for summary disposition, pointing out the absence of supporting evidence, then the burden shifts to the applicant to provide competent admissible evidence. If an applicant fails to respond with evidence, this Court will affirm denial of postconviction relief.

There is no constitutional right to an attorney for postconviction proceedings.

Interest of D.M.E. 2024 ND 125
Docket No.: 20240152
Filing Date: 6/20/2024
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: Orders for hospitalization and involuntary treatment with medication are summarily
affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Vervalen 2024 ND 124
Docket No.: 20230286
Filing Date: 6/20/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: Voluntary intoxication is not a defense to a criminal charge. Evidence of intoxication is admissible whenever it is relevant to negate or to establish an element of the offense charged.

Attempted "intentional" murder is a criminal offense, requiring the State to prove the accused had an intent to kill to be convicted of attempted murder. A party waives an error when the party is given the opportunity to address it and intentionally relinquishes the opportunity.

Kubal v. Anderson 2024 ND 123
Docket No.: 20240007
Filing Date: 6/20/2024
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: The Uniform Child Custody Jurisdiction and Enforcement Act, N.D.C.C. ch. 1414.1, governs cases involving interstate custody disputes. Determination of whether North Dakota is a child's home state under the UCCJEA must be analyzed based on when the proceeding in North Dakota was commenced. Jurisdiction may exist under the UCCJEA despite North Dakota not being a child's home state.

The purpose of the UCCJEA is to promote cooperation between courts of different states and to prevent manipulation of the judicial system and undue complication of child custody disputes. Parties are required to provide the district court with information regarding other proceedings, and the district court is required to review that information.

Stephens v. Lee 2024 ND 122
Docket No.: 20230381
Filing Date: 6/20/2024
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: When determining a parent's motion to relocation a child out of state, a district court must
first determine if the non-relocating parent consented or if an existing order or decree
permits relocation. If neither was met, the court must determine the merits of the relocation
by applying the Stout-Hawkinson factors.

The district court's findings under the Stout-Hawkinson factors and denying the motion to
relocate is summarily affirmed under N.D.R.App.P. 35(a)(2).

The district court's findings on the statutory best interest factors and granting the motion
to change primary residential responsibility is summarily affirmed under N.D.R.App.P.
35(a)(2).

State v. Sargent (consolidated w/20230353) 2024 ND 121
Docket No.: 20230351
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Bahr, Douglas Alan

Highlight: When a law enforcement officer observes a traffic violation the officer may initiate a traffic stop for an investigation.

An officer may extend a traffic stop if the officer has reasonable suspicion of criminal activity.

Probable cause for a driven vehicle extends to a towed vehicle.

State v. Sargent (consolidated w/20230351) 2024 ND 121
Docket No.: 20230353
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Bahr, Douglas Alan

Highlight: When a law enforcement officer observes a traffic violation the officer may initiate a traffic stop for an investigation.

An officer may extend a traffic stop if the officer has reasonable suspicion of criminal activity.

Probable cause for a driven vehicle extends to a towed vehicle.

State v. Goodale 2024 ND 120
Docket No.: 20230373
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: The district court's use of "and" instead of "or," as indicated by statute, was an error
and a misstatement of the law.

Jury instructions that increase the State's burden of proof, requiring them to prove both
subsections (a) and (b) of N.D.C.C. § 12.1-03-01(1), is a harmless error as it is not
prejudicial to the defendant.

A person can be charged with accomplice to extreme indifference murder based on their
conduct surrounding an assault under circumstances manifesting extreme indifference,
which ultimately results in death, even if the victim's death was unintentional and not
contemplated by the accomplice.

An accomplice steps into the shoes of a principal for sentencing. If the principal crime
charged is contemplated under N.D.C.C. § 12.1-32-09.1, an accomplice to the principal
crime can be sentenced under N.D.C.C. § 12.1-32-09.1.

Ward, et al. v. Herbel, et al. 2024 ND 119
Docket No.: 20230140
Filing Date: 6/6/2024
Case Type: Appeal - Civil - Real Property
Author: Jensen, Jon J.

Highlight: The plain language of N.D.C.C. § 32-17-01 requires the existence of an adverse claim. If a person is not claiming an interest in the property and there are no competing adverse claims to adjudicate, there is no basis or statutory standing to sue under chapter 32-17.

This Court adopts the majority rule permitting an attorney representing himself to recover an award of attorney's fees for time and effort spent defending against a frivolous lawsuit.

State v. Massey 2024 ND 118
Docket No.: 20230396
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: When a defendant is charged with gross sexual imposition under N.D.C.C. § 12.1-2003(1)(a) requiring the State prove a defendant touched various parts of the victim's body in a manner constituting a sexual act does not specify a culpability level, the jury is then required to find the actions were willful.

Even if the State makes a "golden rule" argument when the issue has not been preserved for appeal, the defendant still must demonstrate the comments had a prejudicial effect to require reversal under obvious error.

City of Grand Forks v. Riemers 2024 ND 117
Docket No.: 20230366
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Other
Author: Tufte, Jerod E.

Highlight: After a case is transferred to district court, if a criminal information is filed it is by itself sufficient to initiate prosecution, and the district court does not lack jurisdiction if the information is not served on the defendant.

A city may prosecute disorderly conduct under its own ordinance when the ordinance does not supersede a state statute.

A party may not challenge an error in the jury instruction on appeal when the party waived the issue before the district court.

It is not necessary to state in an information the details of the acts which constitute the crime charged when the essential elements of the crime are set forth sufficiently to enable a person of common understanding to know what is meant or intended. One test of the sufficiency of an information is whether it will protect the accused against a subsequent prosecution for the same offense.

A defendant in a criminal jury trial must move for a judgment of acquittal to preserve the issue of the sufficiency of the evidence for appeal. This Court may decline to review a forfeited error when the appellant fails to argue the obvious error standard.

Idso v. Idso 2024 ND 116
Docket No.: 20230387
Filing Date: 6/6/2024
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: An order of contempt of court is summarily affirmed under N.D.R.App.P.35.1(a)(2) and(8).

State v. Anderson 2024 ND 115
Docket No.: 20230344
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: During a lawfully-initiated traffic stop, an officer can conduct activities related to traffic enforcement but not absolutely necessary to issuing a traffic ticket. When two officers are on scene and one is performing the mission of the traffic stop and the other is performing an investigation not related to the traffic stop, an unlawful seizure has not occurred, because the second officer's investigation is not delaying the stop.

This Court looks to the totality of the circumstances while applying an objective standard to determine whether reasonable suspicion exists to justify prolonging a traffic stop. Reasonable suspicion is not easily reduced to a methodical set of legal rules, but it does require more than a mere hunch.

State v. Jelinek 2024 ND 114
Docket No.: 20230367
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: A law enforcement officer's approach to a parked vehicle is not a seizure if the officer
inquires of the occupant conversationally, does not order the person to do something,
and does not demand a response.

A defendant's confession was sufficiently corroborated to permit corpus delicti to be
shown through confession.

When a charge that requires prior conviction is dismissed, submission of prior
convictions to a jury constitutes reversible error unless otherwise relevant to some
disputed issue and allowed under Rule 404(b), N.D.R.Ev.

Roth, et al. v. Meyer, et al. 2024 ND 113
Docket No.: 20230310
Filing Date: 7/3/2024
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A claim of adverse possession must meet every element. For the continuous element, a party must hold the property for 20 years.

Summaries under N.D.R.Ev. 1006 require that supporting documents be admissible but need not be admitted. A summary usually is inadmissible if the supporting documents are inadmissible.

The court must find when conversion began to determine what property, if any, has been converted.

When calculating conversion damages, the court must follow N.D.C.C. § 32-0323. The damages must be based on the wronged party's damages and on market values if a market for the converted property exists.

The material terms of loans in aggregate greater than $25,000 must be in writing.

Roth, et al. v. Meyer, et al. 2024 ND 113
Docket No.: 20230310
Filing Date: 6/6/2024
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A claim of adverse possession must meet every element. For the continuous element, a party must hold the property for 20 years.

Summaries under N.D.R.Ev. 1006 require that supporting documents be admissible but need not be admitted. A summary usually is inadmissible if the supporting documents are inadmissible.

The court must find when conversion began to determine what property, if any, has been converted.

When calculating conversion damages, the court must follow N.D.C.C. § 32-0323. The damages must be based on the wronged party's damages and on market values if a market for the converted property exists.

The material terms of loans in aggregate greater than $25,000 must be in writing.

Kath v. Prochnow, et al. 2024 ND 112
Docket No.: 20230406
Filing Date: 6/6/2024
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Where the proper remedy is an appeal, the North Dakota Supreme Court generally
will not exercise its supervisory authority.

A petition to intervene initiates a special proceeding where the relief sought is
permission to intervene in an action. District courts have the power to hear and determine
all civil actions and proceedings. Post-judgment intervention may be allowed when an
attempted intervener moves promptly after learning of the entry of judgment within the
time for appeal.

Issues not decided by the district court are generally not ripe for resolution on
appeal. The purpose of an appeal is to review the actions of the district court. Resolution
of issues by the district court before appellate review contributes valuable input to the
process and develops the record for effective review of the decision

Mohammed v. State 2024 ND 111
Docket No.: 20230399
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 3501(a)(2).

Ineffective assistance of counsel claims asserting a language barrier are findings of fact that will not be disturbed unless clearly erroneous.

State v. Studhorse 2024 ND 110
Docket No.: 20230247
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: A district court's discussion, impressing upon a witness that she had a duty to tell the truth, is not obvious error under N.D.R.Ev. 603.
A comment on the defendant's post-arrest silence is an improper comment on the right to remain silent in violation of the Fifth and Fourteenth Amendments of the United States Constitution. But, the error is harmless if the State proves beyond a reasonable doubt that the comments did not contribute to the verdict and the error was harmless.
A non-cognizable offense is created by a logical inconsistency, not a lack of specificity in jury instructions.
A party waives an error when the party is given the opportunity to address it and intentionally relinquishes the opportunity.
Proof beyond a reasonable doubt of a "sexual act" as defined by statute is not satisfied by inference based on one interpretation of a vague term. The count requires a showing of contact between the victim's vulva, not just the victim's "body," and the defendant's mouth. A conviction based on insufficient evidence implicates constitutional due process and clearly affects substantial rights and the fairness, reputation, and integrity of the court system. An obvious error occurs when a defendant is convicted on insufficient evidence.
Under sufficiency of the evidence review, the uncorroborated testimony of a child may be sufficient to sustain a gross sexual imposition conviction.
When the defendant is charged with multiple counts of the same offense, the State has the burden to prove the defendant committed each offense. Each element requires proof of a different fact or element to distinguish the act as a separate punishable act. If a defendant is convicted of multiple counts on the same facts, then the second conviction, even if it results in no greater sentence, is an impermissible punishment. An obvious error occurs when a defendant is convicted of the same crime in two counts.

SCS Carbon Transport v. Malloy, et al. (consol. w/ 20230162-20230176) 2024 ND 109
Docket No.: 20230149
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Erickson (consol w/ 20230149, 20230163-20230176) 2024 ND 109
Docket No.: 20230162
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Hoge (consol w/ 20230149, 20230162, 20230164-20230176) 2024 ND 109
Docket No.: 20230163
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Twardowski (cons. w/20230149, 162, 163 & 165-176) 2024 ND 109
Docket No.: 20230164
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. BRH (cons. w/20230149, 162-164 & 166-176) 2024 ND 109
Docket No.: 20230165
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. 8N2E Properties (cons. w/20230149, 162-165 & 167-176) 2024 ND 109
Docket No.: 20230166
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Kuetemeyer (cons. w/20230149, 162-166 & 168-176) 2024 ND 109
Docket No.: 20230167
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Hoge Farm (cons. w/20230149, 162-167 & 169-176) 2024 ND 109
Docket No.: 20230168
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Hoge (cons. w/20230149, 162-168 & 170-176) 2024 ND 109
Docket No.: 20230169
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Carrels (cons. w/20230149, 162-169 & 171-176) 2024 ND 109
Docket No.: 20230170
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Staroba, et al. (cons. w/20230149, 162-170 & 172-176) 2024 ND 109
Docket No.: 20230171
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Jordheim, et al. (cons. w/20230149, 162-171 & 173-176) 2024 ND 109
Docket No.: 20230172
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Hayen (cons. w/20230149, 162-172 & 174-176) 2024 ND 109
Docket No.: 20230173
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Waloch (cons. w/20230149, 162-173 & 175-176) 2024 ND 109
Docket No.: 20230174
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Waloch, et al. (cons. w/20230149, 162-174 & 20230176) 2024 ND 109
Docket No.: 20230175
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. SPLJ (cons. w/20230149, 20230162-20230175) 2024 ND 109
Docket No.: 20230176
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

State v. Doyle 2024 ND 108
Docket No.: 20230292
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Homicide
Author: Bahr, Douglas Alan

Highlight: A witness testifies as an expert when the witness's answers are rooted exclusively in the witness's expertise or is not a product of the witness's investigation but instead reflects the witness's specialized knowledge. Under Rule 16(a)(1)(F), N.D.R.Crim.P, expert witness summaries must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications. The State's failure to comply with Rule 16(a)(1)(F) may impede a defendant's ability to prepare the defendant's defense.

Meuchel v. MR Properties 2024 ND 107
Docket No.: 20230211
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Real Property
Author: Bahr, Douglas Alan

Highlight: The district court has discretion, either upon a motion by a party or on its own, to strike an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter in a pleading. A court may consider a motion to strike at any time. Specific performance is an equitable remedy and equitable principles must be followed in its use. Though specific performance is an equitable action, it is available to enforce agreements even though the injured party may have a legal remedy for damages, because in many cases an action for damages would not afford adequate relief. To be specifically enforceable, a contract must be complete in itself at least with respect to its essential and material terms. The district court cannot supply an important omission or complete a defective contract for the purpose of specific performance.

State v. Scully 2024 ND 106
Docket No.: 20240018
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A criminal judgment for conspiracy to possess with intent to manufacture or deliver methamphetamine and unlawful possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

State v. Reller 2024 ND 105
Docket No.: 20230393
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: We summarily affirm the criminal judgment under N.D.R.App.P. 35.1(a)(2) and (7).