Opinions

Jorgensen v. ND Dept. of Transportation 2005 ND 80
Docket No.: 20040338
Filing Date: 4/26/2005
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: Inclusion of chemical test results in an officer's certified report to the Director of the North Dakota Department of Transportation under N.D.C.C. 39-20-03.1(3) is a basic and mandatory provision without which the department may not suspend a person's driving privileges.

Edinger v. Governing Authority of Stutsman Co. Correctional Center 2005 ND 79
Docket No.: 20040233
Filing Date: 4/26/2005
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Sandstrom, Dale

Highlight: When the information available to a governing body suggests a reasonable probability of future litigation or adversarial administrative proceedings, the governing body may close a portion of a public meeting and meet in executive session to receive and discuss the advice of its attorney.

Interest of B.M., et al. (CONFIDENTIAL) 2005 ND 78
Docket No.: 20040205
Filing Date: 4/26/2005
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Bleibaum 2005 ND 77
Docket No.: 20040333
Filing Date: 4/26/2005
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A criminal judgment following a jury conviction for aggravated assault, a class C felony, is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

May v. Sprynczynatyk 2005 ND 76
Docket No.: 20040232
Filing Date: 4/11/2005
Case Type: Appeal - Administrative - Department of Transportation
Author: Maring, Mary

Highlight: Failure of the Department of Transportation to file the transcript of the administrative hearing within twenty days, as required by N.D.C.C. 39-20-06, does not automatically mandate summary reversal of the decision suspending a driver's license.
To establish systemic disregard of the law by an administrative agency sufficient to warrant reversal of a decision in the agency's favor, a party must demonstrate some persistent pattern of improper agency conduct.
A party must make a specific objection to evidence at the time it is offered for admission into evidence to give the opposing party an opportunity to argue the objection and to give the trial court an opportunity to fully understand the objection and appropriately rule on it.

State of ND v. NDSU, et al. 2005 ND 75
Docket No.: 20040228
Filing Date: 4/6/2005
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: For purposes of an insurance policy exclusion for surface water damage, surface water does not lose its character as surface water by being diverted underground through man-made structures.
The efficient proximate cause doctrine applies only where two or more independent forces operate to cause the loss.
The efficient proximate cause doctrine does not apply to a loss caused by a discernable cause even though the insured attempts to characterize the cause in various ways to create the appearance of multiple causes.
A covered peril that is merely a concurrent cause is insufficient to allow coverage under the efficient proximate cause doctrine.

Home of Economy v. Burlington Northern 2005 ND 74
Docket No.: 20040267
Filing Date: 4/6/2005
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: The Interstate Commerce Commission Termination Act of 1995 does not preempt state jurisdiction over railroad grade crossings.

Litoff v. Pinter 2005 ND 73
Docket No.: 20040330
Filing Date: 4/6/2005
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: An order denying a motion for reinstatement of unsupervised visitation is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Paulson v. Paulson 2005 ND 72
Docket No.: 20040242
Filing Date: 4/6/2005
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A trial court cannot delegate to anyone the power to decide questions of child custody or related issues.
When a party agrees to the court's appointing one person to serve as both custody investigator and guardian ad litem, that party waives the right to object that the court's appointee is in violation of the rules of court when she acts as the child's advocate and also testifies at the custody proceedings.
A trial court's denial of a motion for continuance will not be set aside on appeal absent an abuse of discretion by the trial court.

H-T Enterprises v. Antelope Creek Bison Ranch 2005 ND 71
Docket No.: 20040194
Filing Date: 4/6/2005
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: The purpose of the no-counterclaim provision in the eviction statute is to get a speedy determination of possession.
A defendant in an eviction action may show the character of the parties' possessory rights, evidence of a strained relationship having a bearing on whether a material breach has occurred, and affirmative defenses and counterclaims.