Opinions

Porter v. Porter 2006 ND 123
Docket No.: 20050358
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A district court must analyze all four Stout-Hawkinson factors in determining whether a custodial parent may move out of state with a child.

Johnson v. State 2006 ND 122
Docket No.: 20060010
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: The affirmative defense of laches is proper in post-conviction proceedings.
For the affirmative defense of laches to prevail, the State must prove, by a preponderance of the evidence, that (1) the petitioner has unreasonably delayed in seeking relief, and that (2) the delay has prejudiced the State.

University Hotel Development v. Dusterhoft Oil, Inc., et al. 2006 ND 121
Docket No.: 20050386
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: Before promissory estoppel may be invoked to enforce an agreement or to award damages, the terms of the promise must be clear, definite, and unambiguous.

Kostelecky v. Kostelecky 2006 ND 120
Docket No.: 20050231
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: Property division and spousal support are interrelated and intertwined and often must be considered together. In making a spousal support determination, the district court must consider the relevant factors under the Ruff-Fischer guidelines.
Rehabilitative spousal support is awarded to equalize the burdens of divorce or to restore an economically disadvantaged spouse to independent status by providing an opportunity for a disadvantaged spouse to seek education, training, or experience that will enable the spouse to become self-supporting.

Roth v. Hoffer 2006 ND 119
Docket No.: 20050328
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A district court may correct clerical errors after an appellate court has decided an appeal if the correction is the type envisioned by N.D.R.Civ.P. 60(a) and the appellate court has not ruled explicitly or implicitly on the issue that is the subject of the correction.
A correctable clerical mistake may be made by a party.

American Crystal Sugar Co. v. Traill Co. Board of Commissioners 2006 ND 118
Docket No.: 20050343
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Tax Realted
Author: Maring, Mary

Highlight: A board of county commissioners is not required to follow formal rules of judicial procedure in tax abatement proceedings.
A court can reverse a local governing body's valuation and assessment of property only when there is such an absence of evidence or reason as to amount to arbitrary, capricious, or unreasonable action.
A board of county commissioners' classification of property as either real or personal presents a question of law fully reviewable by a court.
Structures and buildings are required to be assessed as real property, but other attached machinery and equipment used in the industrial process are classified as personal property exempt from property taxation.

Haugen v. BioLife Plasma Services, et al. 2006 ND 117
Docket No.: 20050310
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: The doctrine of res ipsa loquitur allows a fact finder to infer negligence if the plaintiff can establish three foundational elements: (1) the accident was one that does not ordinarily occur in the absence of negligence; (2) the instrumentality or agent that caused the plaintiff's injury was in the exclusive control of the defendant; and (3) there was no voluntary action or contribution on the part of the plaintiff.
When a plaintiff can present specific evidence of negligence and the cause of an accident, the plaintiff has no need to rely on a res ipsa loquitur inference.

City of Grand Forks v. Hendon/DDRC/BP, et al. 2006 ND 116
Docket No.: 20050197
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: The amount of damages in a condemnation action will be upheld on appeal if it is within the range of the evidence presented to the trier of fact.

Wheeler v. Schuetzle 2006 ND 115
Docket No.: 20060074
Filing Date: 6/1/2006
Case Type: Original Proceeding - Criminal - Writ of Prohibition
Author: VandeWalle, Gerald

Highlight: The Supreme Court's original jurisdiction will not be exercised to vindicate private rights, regardless of their importance.
Before the Supreme Court's original jurisdiction will be exercised, the rights of the public, the sovereignty of the state, or the liberties of its people must be directly affected.
To exercise the Supreme Court's original jurisdiction, a private party must set forth in his petition that he has called the alleged infringement upon the sovereignty of the state to the attention of the Attorney General and requested the Attorney General to institute an original proceeding but the Attorney General refused to do so or unreasonably delayed doing so.

Gust v. State 2006 ND 114
Docket No.: 20050381
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: A defendant has the burden to show he is entitled to additional credit for time served in custody.
A defendant is not entitled to credit for time spent in custody for both a separate criminal offense and a new sentence following a parole revocation.