Opinions

Schmitz v. Schmitz (cross-ref. w/980056) 2001 ND 19
Docket No.: 20000133
Filing Date: 2/2/2001
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: Spousal support payments may be modified only upon a showing of a material change in circumstances justifying the modification.

Barrera v. State (cross-ref. w/970010 & 960021) 2001 ND 18
Docket No.: 20000195
Filing Date: 2/2/2001
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: It is a misuse of process to raise issues on subsequent post-conviction applications that could have been raised in the initial post-conviction application.

Des Lacs Valley Land Corp. v. Herzig, et al. 2001 ND 17
Docket No.: 20000033
Filing Date: 2/1/2001
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: In the absence of fraud, mistake, or accident, an unambiguous written deed cannot be altered by parol evidence.
A trial court decision will not be set aside because the court applied an incorrect rationale, if the result is the same under the correct law and rationale.

Eckes v. Richland Co. Social Service Board, et al. 2001 ND 16
Docket No.: 20000142
Filing Date: 2/1/2001
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: The unambiguous settlor's intent determines the nature of the trust.

Owens v. State (CONSOLIDATED W/20000129) (CROSS-REF SEE DOCKET MEMO) 2001 ND 15
Docket No.: 20000128
Filing Date: 1/30/2001
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: Post-conviction relief is denied for misuse of process when a petitioner presents issues the petitioner inexcusably failed to raise in a previous post-conviction hearing.

State ex rel. Dept. of Corrections and Rehabilitation v. Haskell, et al. 2001 ND 14
Docket No.: 20000214
Filing Date: 1/30/2001
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Maring, Mary

Highlight: The Supreme Court exercises its discretionary authority to issue supervisory writs on a case-by-case basis, rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy.
Failure of a plaintiff to present a notice of claim, as required by N.D.C.C. 32-12.2- 04, renders the district court without jurisdiction.

Hurt v. Hurt 2001 ND 13
Docket No.: 20000177
Filing Date: 1/30/2001
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: Evidence of domestic violence which does not trigger the statutory presumption under N.D.C.C. 14-09-06.2(1)(j) remains one of the best interest factors to be considered by the court.
A guardian ad litem's recommendation on child custody is not conclusive.
A trial court's custody determination is a finding of fact that is not set aside on appeal unless clearly erroneous.

City of Harvey v. Fettig 2001 ND 12
Docket No.: 20000185
Filing Date: 1/30/2001
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: The prosecutor's statement supporting an appeal from a suppression order cannot be a mere paraphrase of the statutory language, but must explain the relevance of and need for the evidence which was suppressed.

Nord, et al. v. Herrman, et al. 2001 ND 11
Docket No.: 20000063
Filing Date: 1/30/2001
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Any survey method that results in equitable allocation of a new shoreline in proportion to each owner's share of the original shoreline will satisfy the legal requirement of proportional allocation.
When a trial court is faced with conflicting opinions by expert witnesses for the parties, and the court could have relied on either party's expert witness, the court's choice between the two permissible views of the weight of the evidence is not clearly erroneous.
Changes in property boundaries caused by rising and falling waters is a natural consequence of riparian land ownership.
A quiet title judgment is not binding on other property owners in the area who were not made parties to the action and who might have a claim to the subject property.

Interest of J.S. (CONFIDENTIAL-M.H.) 2001 ND 10
Docket No.: 20000344
Filing Date: 1/30/2001
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: Expedited appeals under the mental health law are limited to the procedures, findings, and conclusions of the lower court. Because of this limited review, detailed findings are necessary.
A mental health patient has the right to the least restrictive conditions necessary to achieve the treatment purposes.