Opinions

Looney v. Looney 2002 ND 87
Docket No.: 20010289
Filing Date: 6/4/2002
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: A judgment enforcing an earlier divorce judgment between the parties is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Matrix v. TAG Investments (Cross ref. See Docket Memo) 2002 ND 86
Docket No.: 20010228
Filing Date: 5/17/2002
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: As part of the enforcement of a judgment for specific performance of the conveyance of land, a purchaser may proceed by ancillary motion after the trial court has ordered the transfer of the land under N.D.R.Civ.P. 70 to recover costs, attorney fees, and damages for the seller's delay in conveying land.

Shiek v. ND Workers Comp. Bureau, et al. 2002 ND 85
Docket No.: 20010319
Filing Date: 5/14/2002
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: When a claimant receives a prior and a subsequent permanent impairment award, the overall number of weeks the claimant is entitled to receive for both the prior and subsequent impairments is the number of weeks that corresponds to the combined value of the prior and subsequent impairments on a whole body basis.

Knoll v. ND Dept. of Transportation 2002 ND 84
Docket No.: 20020059
Filing Date: 5/14/2002
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: If a person intentionally or unintentionally provides false information to an operator attempting to follow the State Toxicologist's approved methods for a chemical test, the person cannot challenge the foundation for admissibility of the test results on the ground that the false information resulted in the approved methods not being followed.
The outcome of a related criminal prosecution for driving under the influence is not relevant in an administrative proceeding to suspend a driver's license.

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.