Opinions

City of Fargo v. Doty 2000 ND 176
Docket No.: 20000020
Filing Date: 10/3/2000
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Jury verdict of guilty on the charge of reckless driving summarily affirmed under N.D.R.App.P. 35.1(a)(1), (3), (4), and (7).

Rott v. ND Department of Transportation 2000 ND 175
Docket No.: 20000112
Filing Date: 10/3/2000
Case Type: Appeal - Administrative - Department of Transportation
Author: Neumann, William

Highlight: A statute providing for the cancellation of a minor's driver's license upon accumulation of a point total in excess of five points is not applied retroactively when the offense triggering the cancellation occurs after the effective date of the statute. Enactment of the statute does not change the status of the minor's driver's license so as to require notification of the statute's enactment.

Interest of E.T. (CONFIDENTIAL) 2000 ND 174
Docket No.: 20000248
Filing Date: 10/3/2000
Case Type: Appeal - Civil - Mental Health
Author: Maring, Mary

Highlight: An appeal of a trial court's involuntary medication order is rendered moot once the patient is released from the hospital and is no longer in need of medication.

Harn v. County of McKenzie, et al. (cross-reference w/980260) 2000 ND 173
Docket No.: 20000013
Filing Date: 10/3/2000
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A summary judgment for costs and disbursements and an order denying a motion for new trial in action for conversion and violation of public duty are affirmed under N.D.R.App.P. 35.1(a)(4), (6).

City of Fargo v. Hersch 2000 ND 172
Docket No.: 20000108
Filing Date: 10/3/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Judgment of conviction for driving while under the influence of alcohol is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Coleman v. Goulet, f/k/a Chase 2000 ND 171
Docket No.: 20000105
Filing Date: 10/3/2000
Case Type: Appeal - Civil - Personal Injury
Author: Per Curiam

Highlight: The trial court's summary dismissal of a damage action because the plaintiff did not meet the threshold requirements under the Auto Accident Reparations Act, N.D.C.C. ch. 26.1-41, was summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Johnson v. Johnson 2000 ND 170
Docket No.: 19990353
Filing Date: 9/14/2000
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Egeland v. Continental Resources, Inc., et al. 2000 ND 169
Docket No.: 20000042
Filing Date: 9/14/2000
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Neumann, William

Highlight: Consent from the landowner is not required when a lessee applies to the Industrial Commission to force pool property.
A Pugh clause severs an oil and gas lease when less than all of the leasehold is included in a pooled spacing unit, and production on the pooled portion does not normally constitute production on the part not pooled.
A continuous drilling operations clause continued to operate lease-wide after expiration of the primary term even though the Pugh clause limited the operation and effect of the habendum clause to the confines of each spacing unit.

City of West Fargo v. Hawkins 2000 ND 168
Docket No.: 19990351
Filing Date: 9/6/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Robertson v. ND Workers Comp. Bur., et al. 2000 ND 167
Docket No.: 20000088
Filing Date: 9/5/2000
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: The presumption that a law enforcement officer's heart disease was suffered in the line of duty is based on a legislatively adopted premise that a law enforcement officer's work stress causes heart disease, and the presumption cannot be rebutted by expert medical opinion rejecting that underlying premise.