Opinions

Lavallie v. Jay, et al. 945 N.W.2d 288
Docket No.: 20190402
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: Issues related to subject matter jurisdiction can be raised at any time and cannot be waived.
As a general rule, it is presumed that North Dakota district courts have subject matter jurisdiction, and the party challenging the district court’s subject matter jurisdiction bears the burden of proving the district court lacks subject matter jurisdiction.

Atkins v. State 952 N.W.2d 239
Docket No.: 20200077
Filing Date: 6/24/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Court-appointed appellate counsel is not permitted to file an Anders brief in post-conviction relief proceedings.

Cass County Joint Water Resource District v. Aaland, et al. 948 N.W.2d 829
Docket No.: 20200171
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: Under Rule 8, N.D.R.App.P., the Court has the authority to grant a stay pending appeal.

The Court considers four criteria when deciding whether to grant an application for a stay: 1) a strong showing that the appellant is likely to succeed on appeal; 2) that unless the stay is granted, the appellant will suffer irreparable injury; 3) that no substantial harm will come to any party by reason of the issuance of the stay; and 4) that granting the stay will do no harm to the public interest.

Matter of Hehn 949 N.W.2d 848
Docket No.: 20190353
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: McEvers, Lisa K. Fair

Highlight: Civil commitment decisions require detailed findings, including credibility determinations and references to evidence the court relied on in making its decision. Conclusory, general findings do not comply with N.D.R.Civ.P. 52(a).

Holter v. City of Mandan 946 N.W.2d 524
Docket No.: 20190277
Filing Date: 9/21/2020
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Highlight: This Court exercises a limited review of a challenge to a municipality’s decision to specially assess property.

A municipality has broad discretion to determine benefits and apportion assessments and costs to properties within an improvement district.

The special assessment against a property must not exceed the benefit which has been determined to have accrued thereto.

Carlson v. Carlson 938 N.W.2d 413
Docket No.: 20190187
Filing Date: 3/19/2020
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Section 14-09-06.2(1)(j), N.D.C.C., creates a rebuttable presumption against awarding custody of a child to a perpetrator of domestic violence if certain criteria is met.
If competent evidence of domestic violence does not trigger the statutory presumption, the violence must be considered as one factor in deciding primary residential responsibility.
A district court’s findings and conclusions regarding the presumption should be sufficiently detailed to allow this Court to understand the basis for its decision.

Caster v. State 931 N.W.2d 223
Docket No.: 20190043
Filing Date: 3/19/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald W.

Highlight: District court order summarily denying application for post-conviction relief remanded with instructions for further proceedings.

Reliance on proposed orders containing no factual findings, conclusions of law, or support from the record does not satisfy the requirements of N.D.C.C. § 29-32.1-11.

Interest of G.L.D. (CONFIDENTIAL) 936 N.W.2d 539
Docket No.: 20190179
Filing Date: 2/27/2020
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: The district court must state the specific factual findings used in determining an individual is likely to reoffend and has serious difficulty controlling personal behavior and errs as a matter of law if the findings are insufficient or do not support the legal conclusion.

Thomas v. Thomas 936 N.W.2d 109
Docket No.: 20190094
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Interest of T.A.G. (CONFIDENTIAL) 926 N.W.2d 702
Docket No.: 20180374
Filing Date: 6/27/2019
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John