Opinions

State v. Ballard 2001 ND 161
Docket No.: 20000316
Filing Date: 10/16/2001
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Judgment of conviction for two counts of aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Stockert v. Stockert 2001 ND 160
Docket No.: 20000353
Filing Date: 10/16/2001
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Denial of motion for change of custody is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Jensen (Cross-Ref. w/20010012, 13 & 14) 2001 ND 159
Docket No.: 20010097
Filing Date: 10/16/2001
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal conviction for failure to appear after release - bail jumping summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Disciplinary Board v. Gronneberg 2001 ND 158
Docket No.: 20010184
Filing Date: 9/26/2001
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from the practice of law for one year following any application by him for licensure of an inactive attorney under Admission to Practice R. 7.

Dickson v. Dickson (cross-ref. w/960237) 2001 ND 157
Docket No.: 20010011
Filing Date: 9/5/2001
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: A custodial parent proposing a move to another state is not required to first seek employment outside the general area.
Although relevant to a custodial parent's proposed move to another state, a comparative cost-of-living analysis is not required.
In considering the location of family members on the noneconomic aspects of a proposed move, simply adding the number of relatives in each location and comparing the two numbers is an improper method for determining whether a move will enhance the noneconomic aspects of the lives of the custodial parent and the parties' child.

Warner and Company v. Solberg 2001 ND 156
Docket No.: 20000327
Filing Date: 9/5/2001
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: North Dakota's restraint of business statute prohibits an excessive restraint on a person's exercise of a lawful profession, trade, or business.
If an unreasonable restraining clause can be separated leaving a reasonable agreement, the reasonable clause will be sustained and the unreasonable restraining clause rejected.

Estate of Zimmerman (Consolidated w/20010002) 2001 ND 155
Docket No.: 20000361
Filing Date: 8/30/2001
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: Under the probate law in effect before January 1996, a surviving spouse's property is includable in the decedent's augmented estate to the extent the property was derived from the decedent without full consideration in money or money's worth.
Property distributed to a surviving spouse in a prior divorce from the decedent is derived from the decedent without full consideration in money or money's worth.

Rose v. United Equitable Ins. Co., et al. 2001 ND 154
Docket No.: 20000333
Filing Date: 8/29/2001
Case Type: Appeal - Civil - Insurance
Author: VandeWalle, Gerald

Highlight: A fraud action is not barred by the passage of time until six years after discovery of the facts constituting the fraud.
The purpose of a motion for dismissal for failure to state a claim upon which relief can be granted is to test the legal sufficiency of the statement of the claim presented in the complaint.
When a motion for dismissal for failure to state a claim upon which relief can be granted is made, the complaint is construed in the light most favorable to the plaintiff, and the allegations of the complaint are taken as true.
A complaint should not be dismissed for failure to state a claim upon which relief can be granted unless it appears beyond doubt the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.

State v. Bouck (CONSOLIDATED W/20000347-20000348)(cross-ref. 20010045-46) 2001 ND 153
Docket No.: 20000346
Filing Date: 8/29/2001
Case Type: Appeal - Criminal - Contempt of Court
Author: Kapsner, Carol

Highlight: When the law prescribes a place of imprisonment to which a convicted defendant can be sentenced, the court cannot direct a different place of incarceration, and, if it does, the sentence is void and the defendant is entitled to resentencing.

Doan, et al. v. City of Bismarck, et al. 2001 ND 152
Docket No.: 20010042
Filing Date: 8/29/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: Summary judgment rarely should be granted in negligence cases because issues involving reasonableness standards generally are inappropriate for summary disposition.
A landowner owes a duty to lawful entrants to maintain property in a reasonably safe condition in view of all the circumstances and owes a duty to an injured party if the landowner has control over the property where the injury occurred.
Under the doctrine of retained control, an employer who hires an independent contractor is liable for harm to others for whom the employer owes a duty to exercise reasonable care, if the employer retains control of an part of the work and causes harm by failing to exercise such control with reasonable care.
In negligence actions, customs or practices do not necessarily establish the standard of care, but may be evidence of whether conduct meets the general standard of reasonable care under the circumstances.