Opinions

Estate of Sorenson 2006 ND 145
Docket No.: 20050350
Filing Date: 6/29/2006
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Maring, Mary

Highlight: No acknowledgment or promise is sufficient evidence of a new or continuing contract to preclude operation of the statute of limitations unless the acknowledgment or promise is contained in a writing signed by the party to be charged.
Whenever services are rendered by one family member for another, a presumption arises that the services are gratuitous and that compensation was not intended, and a claimant has the burden to rebut the presumption by proof that the services were not gratuitous, which may be established by proof that the parties expressly or impliedly agreed the claimant would be compensated.

State ex rel. Bd. of University and School Lands v. Alexander, et al. 2006 ND 144
Docket No.: 20050409
Filing Date: 6/29/2006
Case Type: Appeal - Civil - Landlord/Tenant
Author: Sandstrom, Dale

Highlight: The parties to a prior foreclosure action and their assigns are bound by a judgment in the prior action under principles of res judicata.
The Pembina Nation Little Shell Band of North America is not a federally recognized Indian tribe.

Interest of J.S. (CONFIDENTIAL) 2006 ND 143
Docket No.: 20060156
Filing Date: 6/29/2006
Case Type: Appeal - Civil - Mental Health
Author: Sandstrom, Dale

Highlight: Mentally ill persons who require treatment are entitled to the least restrictive treatment that will meet their treatment needs.
When deciding whether alternative treatment to hospitalization is adequate, the district court is required to make a two-part inquiry: (1) whether a treatment program other than hospitalization is adequate to meet the individual's treatment needs; and (2) whether an alternative treatment program is sufficient to prevent harm or injuries that an individual may inflict on himself or others.
When available alternative treatment programs are insufficient to prevent harm or injures that an individual may inflict on himself or others, less restrictive treatment cannot be ordered.

DeMers v. DeMers 2006 ND 142
Docket No.: 20050184
Filing Date: 6/29/2006
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: The statutory presumption against awarding custody to the perpetrator of domestic violence applies when the district court finds there is credible evidence of domestic violence and at least one incident of domestic violence resulted in serious bodily injury or involved the use of a dangerous weapon, or there is a pattern of domestic violence within a reasonable proximity to the proceeding.
A party waives the right to appeal a divorce judgment if she unconditionally, voluntarily, and consciously accepts the benefits of the judgment.
The district court must adequately explain a substantial disparity in a property distribution.

Farmers Insurance Exchange, et al. v. Schirado 2006 ND 141
Docket No.: 20050221
Filing Date: 6/29/2006
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A plaintiff may establish the elements of a claim by circumstantial evidence.
Direct evidence of causation is not required if other evidence is sufficient to permit an inference that the defendant's conduct caused the plaintiff's damages.

State v. Ehli (Consolidated w/20060042) 2006 ND 140
Docket No.: 20060041
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Maring, Mary

Highlight: State's appeal of order suppressing evidence will be dismissed as moot when the underlying cases had been dismissed on a motion by the State.

State v. Hansen 2006 ND 139
Docket No.: 20050387
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: An appellate court does not render advisory opinions and will dismiss an appeal if the issues have become moot or so academic that no actual controversy is left to be decided.
When a district court fails to follow established procedures and orderly process in declaring a law unconstitutional, supervisory jurisdiction may be used to vacate the district court's order.

State v. Oien 2006 ND 138
Docket No.: 20050451
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: An individual trespassing is not entitled to the protections of the Fourth Amendment because he does not have a reasonable expectation of privacy.

Johnson v. Sprynczynatyk 2006 ND 137
Docket No.: 20050449
Filing Date: 6/29/2006
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Traveling at a slower than usual speed, with no further evidence of illegal activity, does not alone create a reasonable and articulable suspicion justifying a traffic stop.

Kenmare Education Assn. v. Kenmare Public School Dist. #28 2006 ND 136
Docket No.: 20050422
Filing Date: 6/29/2006
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Kapsner, Carol

Highlight: A school district must negotiate in good faith with the representative organization before last-offer contracts are made.
After the North Dakota Education Fact Finding Commission has issued a recommendation and the parties are still at an impasse, a School District may issue last-offer contracts limited to the current period of negotiations.