Opinions

Lochthowe v. C.F. Peterson Estate 2005 ND 40
Docket No.: 20040159
Filing Date: 2/16/2005
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A third party who derives gain from an agreement between others has not necessarily been unjustly enriched, unless the third party has participated somehow in the transaction through which the benefit is obtained.
The clearly erroneous standard applies to the review of a district court's findings on a claim of unlawful interference with a business relationship.

Interest of D.P.O. (Cross-ref. w/20030002 & 20030020) 2005 ND 39
Docket No.: 20040176
Filing Date: 2/16/2005
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: On appeal, an issue will not be decided if it has become moot because events have occurred which make it impossible for the Court to issue relief or the passage of time has made the issue moot.
The decision to award grandparents visitation separate from the mother's is not clearly erroneous when it is in the best interest of the child and is based on consideration of the evidence in the record.

Rhodes v. Rhodes 2005 ND 38
Docket No.: 20040234
Filing Date: 2/16/2005
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: A prenuptial agreement is a contract, and its interpretation is primarily a question of law for the court to decide.

Fast v. Mayer 2005 ND 37
Docket No.: 20040200
Filing Date: 2/16/2005
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: When a trial court considers restrictions on a noncustodial parent's visitation rights, the standard of proof required is a preponderance of the evidence.
A custodial parent seeking to prevent the noncustodial parent from having unsupervised visitation must establish, by a preponderance of the evidence, that physical or emotional harm will likely result from allowing the noncustodial parent unsupervised visitation.

Mann, et al. v. ND Tax Commissioner, et al. 2005 ND 36
Docket No.: 20040174
Filing Date: 2/16/2005
Case Type: Appeal - Civil - Tax Realted
Author: Kapsner, Carol

Highlight: A final order or judgment is necessary for appealability in an injunction action.
An appeal from an order denying reconsideration does not present the Supreme Court with the merits of the original order requested to be reconsidered, but presents for review only whether the district court abused its discretion in deciding the movant either did or did not offer sufficient grounds to reconsider the previous decision.
The Supreme Court exercises its supervisory jurisdiction over lower courts rarely to rectify errors or to prevent injustice when no adequate alternative remedies exist.

Brandt, et al. v. Somerville, et al. 2005 ND 35
Docket No.: 20040112
Filing Date: 2/16/2005
Case Type: Appeal - Civil - Corporations
Author: Kapsner, Carol

Highlight: N.D.C.C. ch. 10-19.1 governs claims for breaches of fiduciary duties by those in control of a close corporation, and a trial court's findings about claims for breaches of fiduciary duties are reviewed under the clearly erroneous rule.
An agreement to restrict the transfer of stock of a close corporation will be upheld unless the price or terms of the agreement are unreasonable under all the circumstances.
In a shareholder action, a trial court has discretion to determine an appropriate remedy for violations of N.D.C.C. ch. 10-19.1 by those in control of a close corporation.

Tibert, et al. v. Slominski, et al. 2005 ND 34
Docket No.: 20040198
Filing Date: 2/16/2005
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: The agricultural nuisance shield of N.D.C.C. 42-04-02 extends to all corporations and limited liability companies that meet the requirements of N.D.C.C. 42-04-01 regardless of whether they meet the more limited requirements of the corporate farming law.
A claim for trespass cannot stand unless the evidence demonstrates an actual interference with the property of another.

Beckler v. Workforce Safety and Insurance 2005 ND 33
Docket No.: 20040130
Filing Date: 2/16/2005
Case Type: Appeal - Administrative - Workers Compensation
Author: Neumann, William

Highlight: A claimant seeking reinstatement of discontinued disability benefits must show a significant change in his compensable medical condition and an actual wage loss caused by the change in medical condition.
To prove actual wage loss, a claimant must show that he was earning wages from employment when the change in his medical condition occurred.
An appeal of an administrative agency decision invokes the appellate jurisdiction of the district court, and the court's review must be based only on the administrative record filed with the court.

Pratt v. Altendorf 2005 ND 32
Docket No.: 20040163
Filing Date: 2/16/2005
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: Dismissal of a civil action, without prejudice, is ordinarily not appealable, but it is considered final and appealable if it has the practical effect of terminating the litigation in the plaintiff's chosen forum.
The notice requirement, under N.D.C.C. 4-35-21.1(1), for civil actions arising out of the application of pesticide inflicting damage on property, does not apply to an action for breach of contract alleging the applicator did not provide services in a timely manner.

Wigginton v. Wigginton 2005 ND 31
Docket No.: 20040153
Filing Date: 2/16/2005
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: An award of restricted visitation is not clearly erroneous when based on evidence in the record.
The effective date of a child support obligation can be different from the date of the motion to modify if there are sufficient good reasons for it.
An allocation of income tax dependency exemptions, based on the evidence in the record, is not clearly erroneous.