Opinions

Cass Co. Joint Water Resource District v. 1.43 Acres of Land, et al. 2002 ND 83
Docket No.: 20010217
Filing Date: 5/14/2002
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: A condemnation action is purely in rem, and does not require acquisition of in personam jurisdiction over the owners of the land.
Tribal sovereign immunity does not bar a condemnation action in state court involving land which is owned in fee by the tribe and which is not reservation land, allotted land, aboriginal land, or trust land.
Once the federal government removes restraints on alienation of Indian land by granting a fee patent to a private party, the land does not become inalienable again under the Federal Nonintercourse Act, 25 U.S.C. 177, when it is purchased in fee by an Indian tribe.

Estate of Hass 2002 ND 82
Docket No.: 20010233
Filing Date: 5/14/2002
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Maring, Mary

Highlight: The trial court's decision whether to remove a personal representative for cause will not be set aside on appeal absent an abuse of discretion.
If an estate inventory is filed with the court, the personal representative is required to provide a copy only to interested persons who request it.
The trial court may award attorney fees for legal services in a will contest if the proceedings benefit the estate as a whole.

Uren v. Dakota Dust-Tex, Inc. 2002 ND 81
Docket No.: 20010205
Filing Date: 5/14/2002
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: Absent an express agreement to the contrary, a tenant is an implied co-insured under the landlord's property insurance policy, and the insurer may not seek subrogation against the tenant for damages caused by the tenant's negligence.
Ordinary negligence is not a "willful act or misconduct" under a lease provision requiring the tenant to continue paying rent if the building is destroyed by the "willful act or misconduct" of the tenant.
A landlord who receives insurance payments exceeding the actual value of the damages allegedly caused by the tenant's negligence cannot recover against the tenant for "uninsured losses."
Attorney travel expenses to attend a pretrial product inspection are not recoverable as costs or disbursements.

Luallin, et al. v. Koehler, et al. 2002 ND 80
Docket No.: 20010301
Filing Date: 5/15/2002
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Maring, Mary

Highlight: The requirements for registration of securities and dealers under the North Dakota Securities Act apply only to securities which are sold or offered for sale in this state and only to dealers or agents who offer for sale or sell any securities within or from this state.
For purposes of liability for selling securities in violation of the North Dakota Securities Act, what constitutes participation or aid in any way in making a sale of securities is determined upon the facts of each case.
Fraud must be proved by clear and convincing evidence, and that higher burden of proof should be considered by the trial court in determining whether there exists a genuine issue of material fact as to fraud.

State v. Steiger 2002 ND 79
Docket No.: 20010240
Filing Date: 5/14/2002
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: When sufficiency of the evidence is challenged, the evidence is examined in the light most favorable to the verdict to see whether a rational trier of fact could have found the essential elements of the crime were established beyond a reasonable doubt.
In a criminal case tried without a jury, the trial court need only make a general finding of guilty or not guilty.

Interest of J.R. and L.R. (CONFIDENTIAL) 2002 ND 78
Docket No.: 20010264
Filing Date: 5/14/2002
Case Type: Appeal - Civil - Juvenile Law
Author: Maring, Mary

Highlight: A child is deprived if clear and convincing evidence shows the child is without the proper parental care necessary for the child's physical, mental, or emotional health, or morals, and the deprivation is not due primarily to the lack of financial means of the child's parents or guardians.

Whiteman v. State 2002 ND 77
Docket No.: 20010224
Filing Date: 5/14/2002
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Neumann, William

Highlight: A defendant cannot be required to demonstrate how his appeal would have been successful in order to establish that he was prejudiced by his attorney's failure to pursue a requested appeal.
If the evidence raises a reasonable inference of ineffective assistance of counsel, an evidentiary hearing on a post-conviction claim of ineffective assistance of counsel is required.

Harger v. Harger 2002 ND 76
Docket No.: 20010186
Filing Date: 5/14/2002
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: When a motion seeking modification of a child support order is brought within one year after its entry, the movant has the burden of demonstrating a material change in circumstances and the burden of presenting sufficient evidence to justify modification under the child support guidelines.
A remedial sanction for contempt of court is appropriate for a willful failure to comply with a court order directing compliance with the provisions of a divorce decree.

State v. Paul 2002 ND 75
Docket No.: 20010272
Filing Date: 5/14/2002
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: The trial court's judgment of conviction for the unauthorized use of a motor vehicle is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Wilson v. Velva Rental Housing, Inc. 2002 ND 74
Docket No.: 20010308
Filing Date: 5/14/2002
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Summary judgment dismissing contract claim is summarily affirmed under N.D.R.App.P. 35.1(a)(6).