Opinions

Garaas, et al. v. Continental Resources, et al. 2025 ND 146
Docket No.: 20250046
Filing Date: 8/28/2025
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Bahr, Douglas Alan

Highlight: Deeds are interpreted in the same manner as contracts. In construing a deed, the primary purpose is to ascertain and effectuate the grantor's intent.

A grantor's intent must be ascertained from the writing alone, if possible. When a deed is unambiguous, the parties' intent is determined from the instrument itself.

The "safe harbor" provision in N.D.C.C. § 47-16-39.1(1) applies when there is a dispute of title that would affect distribution of royalty payments.

Determining who is a prevailing party for an award of disbursements is a question of law, subject to de novo review, while the question of the amount allowed for disbursements and costs is one of fact, subject to an abuse of discretion standard.

Adoption of A.B.G.R. 2025 ND 145
Docket No.: 20250232
Filing Date: 8/28/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Adoption of A.R.G.-R. 2025 ND 145
Docket No.: 20250233
Filing Date: 8/28/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Vacancy in Judgeship No. 4, NEJD 2025 ND 144
Docket No.: 20250227
Filing Date: 8/18/2025
Case Type: Judicial Administration - Vacancy - Vacancy
Author: Per Curiam

Highlight: Judgeship retained at Devils Lake

State v. Hendricks 2025 ND 143
Docket No.: 20240304
Filing Date: 8/14/2025
Case Type: Appeal - Criminal - Other
Author: Bahr, Douglas Alan

Highlight: If a motion for judgment of acquittal was made at trial on different grounds from the claim asserted on appeal, the issue was not preserved for review.

Section 14-09-22.1, N.D.C.C., does not limit the offense of child neglect to passive conduct. A "willful" failure to provide proper parental care may encompass the deliberate choice to act or to refrain from acting.

It is the responsibility of the party, not the district court, to object to evidence the party believes is inadmissible.

Anne Carlsen Center v. LeFevre, et al. 2025 ND 142
Docket No.: 20250168
Filing Date: 7/31/2025
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Tufte, Jerod E.

Highlight: A petition for supervisory writ is granted.

In ruling on a motion to compel, the district court must state the reasons for its conclusions with sufficient specificity to afford a clear understanding of its decision and allow for meaningful review.

The withholding party's burden to prove an asserted privilege or protection applies presumes a burden to submit the disputed documents for in-camera review in a form that is readily intelligible to the district court. If the district court is unable to discern the content of a document, it may require the withholding party to assist the court, including by providing a readable copy.

Section 50-25.1-11, N.D.C.C., designates as confidential a "report made under this chapter, as well as any other information obtained." Although "report made" and "information obtained" lack a subject, in context it is clear that the statute refers to reports made to the Department of Health and Human Services. Even if information in a document is later included in a report subject to N.D.C.C. ch. 50-25.1, it is the report and the other information obtained by the Department in association with that report that is confidential.

Documents do not become confidential or privileged by attaching them to a confidential report or privileged email. The lawyer-client privilege protects confidential communications themselves and not necessarily the facts underlying the communications.

A party asserting work-product privilege may not rely on "in anticipation of litigation" as magic words that automatically protect a disputed document from disclosure. The inchoate possibility, or even the likely chance of litigation, does not give rise to work product. To justify work product protection, the threat of litigation must be real and imminent.

Tamm v. Gatzke, et al. 2025 ND 141
Docket No.: 20250062
Filing Date: 7/31/2025
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: An easement implied from pre-existing use requires unity of title of the dominant and servient tenement and a subsequent severance; apparent, permanent, and continuous use; and, the easement must be important or necessary for the enjoyment of the dominant tenement.

An easement by necessity arises where there is a conveyance of a part of a tract of land of such nature and extent that either the part conveyed or the part retained is shut off from access to a road to the outer world by the land from which it is severed or by this land and the land of strangers.

A motion for judgment on the pleadings should not be granted unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.

A motion for summary judgment is not an opportunity to conduct a mini-trial, and summary judgment is inappropriate if the court must draw inferences and make findings on disputed facts to support the judgment.

A party seeking an implied easement has the burden of proving the existence of the easement by clear and convincing evidence.

Interest of A.W. 2025 ND 140
Docket No.: 20250141
Filing Date: 7/31/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: An aggrieved party, including the state or a subdivision of the state, may appeal from a final order, judgment, or decree of the juvenile court to the supreme court by filing written notice of appeal within thirty days after entry of the order, judgment, or decree, or within any further time the supreme court grants, after entry of the order, judgment, or decree.

Interlocutory orders are appealable if it is deemed to be an appeal from a subsequently entered consistent final order or judgment.

The party requesting review of the findings and order of a judicial referee by a district court judge must give notice to all other parties. If a party is represented by counsel, all documents filed with the court must be signed by the attorney of record.

Issues not briefed on appeal are waived.

Juliuson v. Johnson, et al. 2025 ND 139
Docket No.: 20240338
Filing Date: 7/31/2025
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: Issues not briefed are deemed abandoned.

A district court's decision on a motion under N.D.R.Civ.P. 50 to deny or grant judgment as a matter of law is based upon whether the evidence, when viewed in the light most favorable to the party against whom the motion is made, leads to but one conclusion as to the verdict about which there can be no reasonable difference of opinion.

A district court's decision on a motion for judgment as a matter of law is fully reviewable on appeal.

The doctrine of an implied covenant of good faith and fair dealing is limited to the insured-insurer relationship.

A breach of contract, even if intentional, malicious, or in bad faith, does not give rise to a breach of contract claim or turn a breach of contract claim into a tort claim absent proof of independent tortious conduct.

State v. Erickstad 2025 ND 138
Docket No.: 20240300
Filing Date: 7/31/2025
Case Type: Appeal - Criminal - Homicide
Author: Crothers, Daniel John

Highlight: A district court shall correct an illegal sentence at any time with notice.

A district court must provide notice to all parties before amending a sentence under N.D.R.Crim.P. 35(a)(2).