Opinions

Farstveet, et al. v. Rudolph, et al. 2000 ND 189
Docket No.: 20000044
Filing Date: 7/10/2001
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: Abandonment of the homestead must be established by clear and convincing evidence that the debtor voluntarily departed from the homestead and left without the intent to return and occupy it as a home.
A creditor cannot set aside as fraudulent a transfer of homestead property that the debtor could have claimed as exempt.
Property which is encumbered by valid liens exceeding the value of the property is not an asset within the meaning of the Uniform Fraudulent Transfer Act and is not subject to a fraudulent transfer.

State v. Loh 2000 ND 188
Docket No.: 20000095
Filing Date: 10/26/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: An officer has probable cause justifying a vehicle stop, based on evidence of a traffic violation, which is not invalidated when an officer subjectively suspects another offense.
Following a vehicle for five miles before initiating an investigatory stop does not invalidate the probable cause justifying the vehicle stop.

Schaefer, et al. v. Souris River Telecom., et al. 2000 ND 187
Docket No.: 20000011
Filing Date: 10/26/2000
Case Type: Appeal - Civil - Personal Injury
Author: Neumann, William

Highlight: A stipulation as to foundation does not eliminate a trial court's discretion to reject evidence on grounds of relevance.
Allowing a party to read the deposition of an opposing party's witness into evidence is not necessarily an abuse of discretion.
Denying a motion for new trial brought on the ground a party abused discovery by failing to provide a document relating to liability is not an abuse of discretion when liability is not at issue in the trial.

City of Jamestown v. Dardis (CONSOLIDATED W/ 20000110) 2000 ND 186
Docket No.: 20000109
Filing Date: 10/26/2000
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: Absent one of the exceptions to the warrant requirement at the time of the entry, evidence gained in violation of the Fourth Amendment's protections against unreasonable searches and seizures is inadmissible under the exclusionary rule.
To sustain a finding of consent, the State must show affirmative conduct by the person alleged to have consented that is consistent with the giving of consent.
Opening the door widely with the knowledge a police officer is on the threshold is not sufficient affirmative conduct to constitute consent.

Syvertson v. State 2000 ND 185
Docket No.: 20000100
Filing Date: 10/26/2000
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: A request for oral argument is incomplete if the requesting party fails to secure a time for oral argument.
A post-conviction relief application is denied if all issues were either fully and fairly determined in a direct appeal or petitioner inexcusably failed to raise them in that appeal.
Petitioner for post-conviction relief is not entitled to a new judge upon his application for post- conviction relief.

City of Mandan v. Leno 2000 ND 184
Docket No.: 20000104
Filing Date: 10/26/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: The limited statutory right of a person arrested for driving while under the influence of intoxicating liquor to a reasonable opportunity to consult with an attorney attaches after arrest.

Anderson v. Resler 2000 ND 183
Docket No.: 19990254
Filing Date: 10/26/2000
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Burlington Northern, et al. v. Benson Co. Water (Cons. w/990369-373;990378-380) 2000 ND 182
Docket No.: 19990368
Filing Date: 10/26/2000
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Fandrich, et al. v. Wells Co. Bd. of Co. Comm., et al. 2000 ND 181
Docket No.: 20000054
Filing Date: 10/26/2000
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: While a court may issue a writ of mandamus ordering a government entity to comply with applicable law, it cannot control the government entity's discretion in determining the methods to be used in complying with the law.
Political subdivisions have no duty to provide perfect drainage.
When each party prevails on some issues, there is no single prevailing party against whom disbursements may be taxed.

Schuh, et al. v. Weiss, et al. 2000 ND 180
Docket No.: 20000161
Filing Date: 10/26/2000
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Judgment awarding damages for cost of repair and loss of use and enjoyment of real property is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Mora 2000 ND 179
Docket No.: 19990377
Filing Date: 10/3/2000
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

State v. Haverluk 2000 ND 178
Docket No.: 20000077
Filing Date: 10/3/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: A law enforcement officer may conduct a limited search of a vehicle's interior if there is a reasonable suspicion of danger to the officer.
A law enforcement officer may search a vehicle's interior incident to a lawful arrest as long as the search is contemporaneous with the arrest. A search incident to arrest is not invalid simply because the search preceded the arrest as long as the arrest quickly followed the search and the fruits of the search were not needed for probable cause to arrest.

State v. Ellis (cross reference 2000092) 2000 ND 177
Docket No.: 20000006
Filing Date: 10/3/2000
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: A defendant who seeks a new trial because voir dire has not been transcribed must first request transcription of the voir dire on the record. Failure to make a request for transcription on the record precludes a defendant from later asserting error.
A defendant requesting a change of venue has the burden of showing a reasonable likelihood of prejudice so pervasive that a fair and impartial jury could not be found.
Denial of change of venue will not be reversed unless the trial court abused its discretion.

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.

State ex rel. Heitkamp v. Family Life Serv, et al. (CON. W/SEE DOCKET MEMO) 2000 ND 166
Docket No.: 19990212
Filing Date: 8/31/2000
Case Type: Appeal - Civil - Constitutional Law
Author: Sandstrom, Dale

Addy, et al. v. Myers, et al. 2000 ND 165
Docket No.: 19990387
Filing Date: 8/31/2000
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Dakota Northwestern Assoc. Ltd. Partnership v. Burleigh Co. Bd. of Co. Comm. 2000 ND 164
Docket No.: 20000039
Filing Date: 8/24/2000
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: Taxation of property is a legislative function, and a reviewing court may not reverse a local governing body's valuation of property for tax purposes unless the decision is arbitrary, capricious, or unreasonable.

Grinnell Mut. Reins. Co. v. Farm & City Ins. Co. v. Leikas, et al. (CONS) 2000 ND 163
Docket No.: 19990394
Filing Date: 8/24/2000
Case Type: Appeal - Civil - Insurance
Author: Kapsner, Carol

Snortland v. State ex rel. Dept. of Public Instruction, et al. 2000 ND 162
Docket No.: 20000025
Filing Date: 8/23/2000
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: Summary judgment on the issue of when a statute of limitations begins to run is appropriate if the evidence is such that reasonable minds could draw but one conclusion.

Interest of S.F., et al. (CONFIDENTIAL) 2000 ND 161
Docket No.: 20000024
Filing Date: 8/18/2000
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: Parental rights will be terminated if: 1) the child is deprived; 2) the conditions and causes of the deprivation are likely to continue; and 3) the child is suffering, or will in the future probably suffer serious physical, mental, moral, or emotional harm.
In determining the likelihood of continuing deprivation, a court may consider parental cooperation with social service agencies.

Mann, et al. v. Zabolotny, et al. 2000 ND 160
Docket No.: 20000038
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Contracts
Author: Neumann, William

Highlight: Amendment of pleadings by implication to conform to the evidence under N.D.R.Civ.P. 15(b) arises only when the evidence introduced is not relevant to any issue pleaded in the case.

City of Fargo v. Egeberg 2000 ND 159
Docket No.: 20000027
Filing Date: 8/18/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: Probable cause to arrest a driver for driving while under the influence of alcohol is established by signs of physical or mental impairment and reason to believe the driver's impairment is caused by alcohol.

Interest of S.J.F. (CONFIDENTIAL) (CONSOLIDATED W/20000036) 2000 ND 158
Docket No.: 19990356
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Paternity
Author: Kapsner, Carol

Krug v. Carlson (CONSOLIDATED w/990303) 2000 ND 157
Docket No.: 19990262
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Peplinski v. County of Richland, et al. 2000 ND 156
Docket No.: 19990376
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

ND Dept. of Human Services v. Brenden 2000 ND 155
Docket No.: 20000081
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Neumann, William

Highlight: If a notice to creditors is published and mailed in compliance with N.D.C.C. 30.1-19-01, the time for original presentation of claims expires three months after the date of the first publication and mailing of notice to creditors.
If no notice to creditors is either mailed or published, the time for original presentation of claims is three years after the decedent's death.
A copy of a petition beginning probate proceedings and list of legatees, surviving joint tenants, and heirs at law sent to the Department of Human Services is not a notice to creditors.

State v. Gregg 2000 ND 154
Docket No.: 20000009
Filing Date: 8/18/2000
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Generally, evidence obtained as a result of illegally acquired evidence must be suppressed as "fruit of the poisonous tree."
Contemporaneous with the lawful arrest of an automobile occupant, the officer may search the passenger compartment.
An automobile may be searched without a warrant, based on probable cause to believe the automobile contains articles subject to seizure.
An impounded vehicle may be inventoried as a routine caretaking procedure, rather than for investigation.

State v. Norton 2000 ND 153
Docket No.: 20000045
Filing Date: 8/18/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: The State's appeal from an order suppressing evidence, or suppressing a confession or admission, must be accompanied by the statutorily required statement of the prosecuting attorney.

State v. Steen (Consolidated w/990333 & 990334) 2000 ND 152
Docket No.: 19990332
Filing Date: 8/18/2000
Case Type: Appeal - Criminal - Other
Author: Neumann, William

Estate of Sagmiller 2000 ND 151
Docket No.: 20000055
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: Speculation on whether a different mode of sale may have brought a better price does not support a finding of commercial unreasonableness.
A creditor is to demonstrate every aspect of a disposition is commercially reasonable, including "the method, manner, time, place and terms."

Kreidt v. Burlington Northern Railroad, et al. 2000 ND 150
Docket No.: 19990381
Filing Date: 7/26/2000
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Garofalo v. St. Joseph's Hospital, et al. 2000 ND 149
Docket No.: 20000035
Filing Date: 7/26/2000
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: If the terms of a contract are ambiguous, extrinsic evidence regarding the parties' intent may be considered, and the terms of the contract and parties' intent are questions of fact, not questions of law.

State v. Entzi 2000 ND 148
Docket No.: 19990329
Filing Date: 7/24/2000
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Tulintseff v. Jacobsen 2000 ND 147
Docket No.: 20000029
Filing Date: 7/20/2000
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Remand for clarification of findings of fact is unnecessary when, through inference or deduction, this Court can discern the rationale for the result reached by the trial court.
A trial court's determination on whether the presumption against awarding custody to the perpetrator of domestic violence is applicable is a finding of fact which will not be reversed unless it is clearly erroneous.

Disciplinary Action Against Robb 2000 ND 146
Docket No.: 20000096
Filing Date: 7/20/2000
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Disciplinary Counsel must prove each violation by clear and convincing evidence.
When an attorney commingles part of a client's share of settlement proceeds with the attorney's own property, the attorney violates the duty to safekeep client property.

Holen v. ND Workers Comp. Bureau, et al. 2000 ND 145
Docket No.: 19990320
Filing Date: 7/20/2000
Case Type: Appeal - Administrative - Workers Compensation
Author: Neumann, William

Cox v. Cox 2000 ND 144
Docket No.: 19990279
Filing Date: 7/20/2000
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Hill v. State 2000 ND 143
Docket No.: 20000018
Filing Date: 7/20/2000
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: An order granting a new trial is a final judgment under the Uniform Post-Conviction Procedure Act and is appealable.
The defendant has a right to be present when testimony is read back to a jury.
To uphold a conviction, the State must demonstrate a violation of the defendant's right to be present was harmless beyond a reasonable doubt.

Comes v. State 2000 ND 142
Docket No.: 20000023
Filing Date: 7/20/2000
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Summary judgment denying post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Designation of the Erickstad Courtroom 2000 ND 140
Docket No.: 20000196
Filing Date: 7/12/2000
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Mead, et al. v. Farmers Union Mutual Ins. Co. 2000 ND 139
Docket No.: 20000046
Filing Date: 7/7/2000
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: An insurer generally has a duty to defend an action against its insured if the allegations in the complaint give rise to the possibility of coverage under the insurance policy.
A jury's finding in a criminal case that an insured acted intentionally and was not acting in self-defense when he killed another person is res judicata, precluding relitigation of the issue of intent in a later civil action.

Disciplinary Board v. Keller 2000 ND 138
Docket No.: 20000189
Filing Date: 7/5/2000
Case Type: Discipline - Attorney - Original Proceeding
Author:

Highlight: Interim suspension of lawyer ordered.

Johnson Farms v. McEnroe, et al. (Cross-Ref. w/970045) 2000 ND 137
Docket No.: 19990297
Filing Date: 7/3/2000
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

ND Securities Commissioner v. Juran and Moody, Inc., et al. 2000 ND 136
Docket No.: 19990355
Filing Date: 7/3/2000
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Tangen v. ND Workers Comp., et al. 2000 ND 135
Docket No.: 20000026
Filing Date: 6/29/2000
Case Type: Appeal - Administrative - Workers Compensation
Author: Neumann, William

Highlight: Although the law in effect at the time of injury ordinarily governs workers compensation claims, the law in effect at the time of aggravation of a prior work injury governs a reapplication for disability benefits.
To deny aggravation benefits because the employee exceeded work restrictions, the Bureau must prove the claimant knew of the specific work restrictions and intentionally engaged in activities which exceeded those restrictions.

Singha v. ND State Board of Medical Examiners, et al. (Cross Ref. w/970264) 2000 ND 134
Docket No.: 19990393
Filing Date: 6/29/2000
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Ruscheinsky, et al. v. Ulrich 2000 ND 133
Docket No.: 19990388
Filing Date: 6/29/2000
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Wagner v. Wagner (cross-ref. w/970224 & 980395) 2000 ND 132
Docket No.: 20000012
Filing Date: 6/29/2000
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A "mortgage on real estate" does not include a judgment lien.

Houn v. ND Dept. of Transportation 2000 ND 131
Docket No.: 20000058
Filing Date: 6/29/2000
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: A person arrested for driving under the influence who refuses to submit to a blood-alcohol test may cure that refusal by consenting to a test within a reasonable time after the refusal if the subsequent test will still be accurate, testing equipment or facilities are still available, the subject has been in custody and under observation since the arrest, and the subsequent test will not result in substantial inconvenience or expense to law enforcement.

Interest of A.R. (CONFIDENTIAL) 2000 ND 130
Docket No.: 20000021
Filing Date: 6/29/2000
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: In an appeal from an order of the juvenile court, review is not limited to determining whether the court's findings are clearly erroneous, but the findings are given appreciable weight.
When an evidentiary hearing has been held, it is the appellant's duty to order a transcript. An appellant assumes the consequences and the risk for the failure to file a complete transcript.

Interest of N.C.C. 2000 ND 129
Docket No.: 19990339
Filing Date: 6/29/2000
Case Type: Appeal - Civil - Paternity
Author: Kapsner, Carol

State v. Krall 2000 ND 128
Docket No.: 20000004
Filing Date: 6/29/2000
Case Type: Appeal - Criminal - Other
Author: Per Curiam

Highlight: Counterfeiting conviction entered upon a guilty plea summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Montgomery v. Disciplinary Board 2000 ND 127
Docket No.: 19990278
Filing Date: 6/23/2000
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Disciplinary Board v. Stevenson 2000 ND 126
Docket No.: 20000089
Filing Date: 6/19/2000
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Attorney suspended from the practice of law for 60 days under Rule 4.4, N.D.R. Lawyer Discipl., governing reciprocal discipline.

Disciplinary Board v. Roybal 2000 ND 125
Docket No.: 20000085
Filing Date: 6/19/2000
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Attorney disbarred under Rule 4.4, N.D.R. Lawyer Discipl., governing reciprocal discipline

Douville, et al. v. Pembina Co. Water Resource District 2000 ND 124
Docket No.: 19990307
Filing Date: 6/14/2000
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Hoffner v. ND Workers Comp. Bur., et al. 2000 ND 123
Docket No.: 19990366
Filing Date: 6/14/2000
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Negaard-Cooley v. ND Workers Comp., et al. 2000 ND 122
Docket No.: 19990341
Filing Date: 6/8/2000
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

State v. Martin 2000 ND 121
Docket No.: 19990255
Filing Date: 6/8/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Olson v. Olson, n/k/a Michels 2000 ND 120
Docket No.: 19990343
Filing Date: 6/8/2000
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

State v. Rubey 2000 ND 119
Docket No.: 19990189
Filing Date: 6/8/2000
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Nelson, et al. v. Nelson 2000 ND 118
Docket No.: 20000002
Filing Date: 6/8/2000
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: Child support summary judgment summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Stibbe v. Saunders (See Docket Memo) 2000 ND 117
Docket No.: 19990367
Filing Date: 6/8/2000
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Kautzman v. Kautzman(consol. w/990386, Cross w/980004 & 20000083) 2000 ND 116
Docket No.: 19990328
Filing Date: 5/30/2000
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Buchholz v. City of Oriska 2000 ND 115
Docket No.: 19990364
Filing Date: 5/30/2000
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Horob v. Workers Comp. Bureau 2000 ND 114
Docket No.: 19990348
Filing Date: 5/26/2000
Case Type: Appeal - Administrative - Workers Compensation
Author: Kapsner, Carol

Schiff v. Schiff 2000 ND 113
Docket No.: 19990335
Filing Date: 5/25/2000
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

State v. Norrid 2000 ND 112
Docket No.: 19990308
Filing Date: 5/25/2000
Case Type: Appeal - Criminal - Theft
Author: Maring, Mary

Dickie, et al. v. Farmers Union Oil Co., et al. 2000 ND 111
Docket No.: 19990389
Filing Date: 5/25/2000
Case Type: Certified Question - Civil - Civil
Author: Neumann, William

Crumley v. State 2000 ND 110
Docket No.: 19990226
Filing Date: 5/25/2000
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Auction Effertz, Ltd. v. Schecher 2000 ND 109
Docket No.: 19990385
Filing Date: 5/25/2000
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Reid, et al. v. Cuprum SA, de C.U. 2000 ND 108
Docket No.: 19990338
Filing Date: 5/25/2000
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Sullivan v. Pulkrabek 2000 ND 107
Docket No.: 20000017
Filing Date: 5/25/2000
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Sandstrom, Dale

Highlight: The measure of damages for injury to property, caused by breach of an obligation not arising from a contract, is the lower of the reasonable cost of repair or the diminution in value.

State v. Thieling 2000 ND 106
Docket No.: 19990383
Filing Date: 5/25/2000
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

State v. Torgerson 2000 ND 105
Docket No.: 19990340
Filing Date: 5/25/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Neumann, William

Lonesome Dove Petroleum, Inc. v. Nelson, et al. 2000 ND 104
Docket No.: 19990272
Filing Date: 5/25/2000
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Tishmack, n/k/a Stern v. Tishmack 2000 ND 103
Docket No.: 19990287
Filing Date: 5/25/2000
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Werlinger, et al. v. Champion Healthcare, et al. (cross w/990027 & 990032) 2000 ND 102
Docket No.: 20000034
Filing Date: 5/25/2000
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Per Curiam

Highlight: Orders again granting class certification after remand are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State ex rel. D.D., et al. v. G.K. (CONFIDENTIAL) 2000 ND 101
Docket No.: 19990352
Filing Date: 5/25/2000
Case Type: Appeal - Civil - Paternity
Author: Neumann, William

Bublitz, dba DC Marketing v. Tsang, dba Purple Rooster 2000 ND 100
Docket No.: 19990313
Filing Date: 5/25/2000
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Peterson v. ND Workers Comp. Bureau 2000 ND 99
Docket No.: 20000031
Filing Date: 5/25/2000
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: The North Dakota Workers Compensation Bureau's order dismissing claim for benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Disciplinary Board v. Dvorak 2000 ND 98
Docket No.: 19990384
Filing Date: 5/18/2000
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Mau, et al. v. National Union Fire Ins. Co. of Pittsburgh 2000 ND 97
Docket No.: 19990217
Filing Date: 5/17/2000
Case Type: Appeal - Civil - Insurance
Author:

North Central Good Samaritan Ctr., et al. v. ND Dept. of Human Serv. 2000 ND 96
Docket No.: 19990363
Filing Date: 5/17/2000
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Thompson v. Associated Potato Growers, et al. 2000 ND 95
Docket No.: 19990296
Filing Date: 5/11/2000
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Sandstrom, Dale

Hopfauf v. ND Workers Comp., et al. (cross-ref. w/970269) 2000 ND 94
Docket No.: 19990375
Filing Date: 5/11/2000
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Hamers v. Guttormson, f/k/a Hamers 2000 ND 93
Docket No.: 19990170
Filing Date: 5/11/2000
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Mandan Education Assoc. v. Mandan Public School Dist. No. 1 2000 ND 92
Docket No.: 19990354
Filing Date: 5/11/2000
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Neumann, William

State v. Foley 2000 ND 91
Docket No.: 19990234
Filing Date: 5/11/2000
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Estate of Robinson (Consolidated w/990322) 2000 ND 90
Docket No.: 19990319
Filing Date: 4/28/2000
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Maring, Mary

Webster, et al. v. Regan 2000 ND 89
Docket No.: 19990130
Filing Date: 4/27/2000
Case Type: Appeal - Civil - Real Property
Author: Neumann, William