Opinions

Northern Plains Alliance, L.L.C. v. Mitzel, et al. 2003 ND 91
Docket No.: 20020324
Filing Date: 6/3/2003
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: When parties enter an agreement for the sale of property which is expressly subject to a right of first refusal by a third party, the contract is conditional and becomes binding on the seller only if the right of first refusal is not exercised.
Acceptance of an option for the sale of land within the time allowed and according to its terms converts the option into a binding executory contract of sale.

Sonsthagen v. Sprynczynatyk 2003 ND 90
Docket No.: 20020297
Filing Date: 6/5/2003
Case Type: Appeal - Administrative - Department of Transportation
Author: Maring, Mary

Highlight: For a law enforcement officer to testify about the results of a sobriety test, the proper foundation to be established is evidence of the officer's training and experience in administering the test and evidence that the test was properly administered.
Probable cause to arrest for driving under the influence of drugs exists when an officer: 1) observes signs of a driver's physical or mental impairment; and 2) has reason to believe the impairment is caused by drugs.

State v. Corum 2003 ND 89
Docket No.: 20020230
Filing Date: 6/5/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: Illegally obtained evidence cannot be the basis for a magistrate's finding of probable cause to support a search warrant.
To challenge a search warrant on the basis that police intentionally omitted relevant information when applying for the warrant, the defendant must show that probable cause would not have existed if the omitted information had been provided to the magistrate.
Failure to inform a magistrate about an informant's criminal history and pending criminal charges is not fatal to the validity of a search warrant.

K.L.B., et al. v. S.B. (CONFIDENTIAL) 2003 ND 88
Docket No.: 20030034
Filing Date: 6/3/2003
Case Type: Appeal - Civil - Paternity
Author: Kapsner, Carol

Highlight: The court can vacate a default judgment when circumstances justify it under a properly raised motion for relief from the judgment under N.D.R.Civ.P. 60(b).
Under N.D.C.C. 14-17-10 the district court is required to order genetic tests only if the request for tests is made when proceedings are pending to adjudicate parentage under the chapter.

Ramey v. Twin Butte School Dist. 2003 ND 87
Docket No.: 20020342
Filing Date: 6/3/2003
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: To establish a prima facie case of discrimination for failure-to-hire under the North Dakota Human Rights Act, a plaintiff must show: (1) she is a member of a protected class under the Human Rights Act; (2) she sought and was qualified for the position; (3) she suffered an adverse employment decision; and (4) others not in the protected class were treated more favorably.

Trinity Health v. North Central Emergency Services 2003 ND 86
Docket No.: 20020317
Filing Date: 6/3/2003
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: Whether a contract has been substantially performed and whether a party has breached a contract are questions of fact.
When there has been a motion for summary judgment, but no cross-motion, the court already is engaged in determining if a genuine issue of material fact exists, the parties have been given an opportunity to present evidence to support or refute the request, and summary judgment may be rendered in favor of the party opposing the motion without a formal cross- motion.

Fercho v. Remmick 2003 ND 85
Docket No.: 20020286
Filing Date: 6/3/2003
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: An appellate court decides the threshold issue of mootness before reaching the merits of an appeal.
An appeal is moot if an appellate court is unable to render effective relief due to the lapse of time, or the occurrence of an event before the appellate court renders its decision.
An appeal will be dismissed if the issue becomes moot and there is no actual controversy to be decided.

Matter of Garrison State Bank and Trust 2003 ND 84
Docket No.: 20020341
Filing Date: 6/3/2003
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: If the party moving for summary judgment meets its initial burden of showing the absence of a genuine issue of material fact, the nonmoving party may not rely on mere allegations, but must present competent evidence by affidavit or other comparable means creating a material factual dispute.

State v. Moore 2003 ND 83
Docket No.: 20020305
Filing Date: 5/3/2003
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: The right to appeal and the deadline for filing an appeal are statutory.
A defendant may not appeal the dismissal of a charge without prejudice.

Disciplinary Board v. Giese 2003 ND 82
Docket No.: 20020315
Filing Date: 6/3/2003
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: An attorney is suspended from the practice of law and ordered to pay costs and restitution for violating N.D.R. Prof. Conduct 1.8, 3.1, 3.2, and 8.4(e) and N.D.R. Lawyer Discipl. 1.2(a)(3).
The prohibition of transactions between an attorney and a client continues as long as the influence arising from the attorney-client relationship continues.
An attorney's prior advice to seek independent counsel for a prohibited transaction does not govern a subsequent variation of that transaction.
An attorney is an officer of the court and may be disciplined for conduct as a litigant in a civil action.