Opinions

Stockman Bank of Montana v. AGSCO, Inc., et al. 2007 ND 27
Docket No.: 20060119
Filing Date: 2/28/2007
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: An agricultural supplier's lien is a statutory lien and cannot be obtained or enforced unless there is substantial compliance with the statute.
The producer's actual knowledge is substantial compliance with requirement for notice to the producer before filing the lien.

Stockman Bank of Montana v. AGSCO, Inc., et al. (Cross Ref w/20070357) 2007 ND 26
Docket No.: 20060174
Filing Date: 2/28/2007
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A principal and its duly authorized agent may file an agricultural supplier's lien for agricultural supplies furnished to an agricultural producer.
An agricultural supplier's lien filed as a security interest created by contract to secure money advanced or loaned for any purposes is not effective to secure a priority over crop liens.
An agricultural supplier's lien cannot be obtained or enforced unless there has been substantial compliance with the statutory requirements for the lien.
An agricultural supplier may be entitled to a lien on crops if the agricultural supplier furnishes supplies to the producer within 120 days before the lien was filed and if the supplies were applied to crops in North Dakota.

State v. Streeper 2007 ND 25
Docket No.: 20060162
Filing Date: 2/28/2007
Case Type: Appeal - Criminal - Homicide
Author: Sandstrom, Dale

Highlight: When a person puts another in danger, such as by unlawfully injecting her with drugs, and then does nothing to aid her in the resulting medical crisis, the failure to take appropriate action may be considered as a continuation of criminal conduct.
The use and admission of photographs in criminal trials is largely within the discretion of the district court.
A statement of a criminal defendant is admissible even though the defendant intended it to be exculpatory when made.
In controlling the scope of closing argument, the district court is vested with discretion, and absent a clear showing of an abuse of discretion, the conviction will not be reversed on grounds the prosecutor exceeded the scope of permissible closing argument.

Rothberg v. Rothberg (Cross-Ref w/20050198) 2007 ND 24
Docket No.: 20060191
Filing Date: 2/28/2007
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: A change in an obligor's financial circumstances that does not affect the obligor's ability to pay is not a "material" change in circumstances warranting a reduction in spousal support.

Fettig v. Workforce Safety and Insurance 2007 ND 23
Docket No.: 20060105
Filing Date: 2/28/2007
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: To trigger the civil penalties for making a false statement in connection with a claim for WSI benefits, WSI must prove: (1) there is a false claim or statement; (2) the false claim or statement is willfully made; and (3) the false claim or statement is made in connection with any claim or application for benefits.
Based upon the civil penalty sought, there are two tests to determine the "materiality of a false statement." If WSI seeks reimbursement for benefits paid, the level of materiality required is proof by WSI that the false claim or false statement caused the benefits to be paid in error. If WSI seeks only forfeiture of future benefits, however, no such causal connection is required.

State v. Fischer (Cross-reference w/ 20060140) 2007 ND 22
Docket No.: 20060153
Filing Date: 2/28/2007
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: An order denying an extension of time to file the notice of appeal terminates the appeal, and thus it is reviewed more closely than an order granting an extension.
The district court must find that either excusable neglect or good cause exists before granting an extension of the time for appeal.
The district court has likely abused its discretion if it does not provide an explanation for the decision to grant or deny an extension.

State v. Halvorson 2007 ND 21
Docket No.: 20060219
Filing Date: 2/28/2007
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Conviction of felony reckless endangerment is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Hanson v. Boeder 2007 ND 20
Docket No.: 20060114
Filing Date: 2/6/2007
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: A breaching party cannot retract an anticipatory repudiation after an injured party sues for enforcement or damages, and an injured party is not required to accept the retraction to mitigate damages.
Issues not raised in the district court will not be considered on appeal.

Hentz v. Elma Township Board 2007 ND 19
Docket No.: 20060198
Filing Date: 2/5/2007
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A township board's decision must be affirmed unless the board acted arbitrarily, capriciously, or unreasonably, or there is not substantial evidence supporting the decision.
Interpretation of an ordinance is fully reviewable on appeal, and failure to correctly interpret and apply the ordinances constitutes arbitrary, capricious, and unreasonable conduct.
Ordinances are interpreted like any statute.

Meier v. Said 2007 ND 18
Docket No.: 20060248
Filing Date: 2/1/2007
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: A petitioner seeking a disorderly conduct restraining order may not raise new allegations through hearing testimony without notice to the respondent.
A petitioner is not required to bolster testimony by presenting corroborating evidence, such as eyewitnesses or official reports, although such corroborating evidence may be useful to the district court.