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On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.

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Buchholz v. Mayo 2022 ND 226
Docket No.: 20220178
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Other
Author: Per Curiam

Nodak Electric Coop. v. N.D. Public Svc. Commission, et al. 2022 ND 225
Docket No.: 20220122
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: A city has constitutional authority to franchise a public utility or similar service within the city.

The Public Service Commission’s authority is limited to that authority provided to it by the legislature.

A party may raise the issue of subject matter jurisdiction at any time.

Nodak Electric Coop. v. N.D. Public Svc. Commission, et al. 2022 ND 225
Docket No.: 20220122
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Matter of Emelia Hirsch Trust 2022 ND 224
Docket No.: 20220194
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: A district court pre-filing vexatious litigant order is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Matter of Emelia Hirsch Trust 2022 ND 224
Docket No.: 20220194
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Schmidt v. Hageness, et al. 2022 ND 223
Docket No.: 20220219
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: Dismissal of complaint alleging quiet title to land is summarily affirmed under N.D.C.C. § 32-17-01 because warranty deed failed to meet the requirements under N.D.C.C. § 47-10-05.

Schmidt v. Hageness, et al. 2022 ND 223
Docket No.: 20220219
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Bell v. State 2022 ND 222
Docket No.: 20220161
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: The statutory meaning of “physical disability” within N.D.C.C. § 29-32.1-01(3)(a)(2) does not include an inability to access state case law while serving a sentence in a federal prison.

Bell v. State 2022 ND 222
Docket No.: 20220161
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Fain, et al. v. Integrity Environmental, et al. 2022 ND 221
Docket No.: 20220068
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: When a district court has made sufficient findings that demonstrate intent, mutual assent, and sufficient consideration among the parties to substitute a new obligation for an existing one, a finding of novation by the court is not clearly erroneous.

The terms of a contract, the character of the transaction, and the facts and circumstances surrounding the transaction can establish novation.

Parties entering into a novation need not agree about the meaning or terms within the original obligation.

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