Opinions

Goff v. NDDOT 2022 ND 186
Docket No.: 20220119
Filing Date: 11/10/2022
Case Type: Appeal - Administrative - Department of Transportation
Author: Tufte, Jerod E.

Highlight: The public does not have a right of access to a private parking lot for vehicular use when the lot is marked “private property” and a city ordinance makes such use unlawful when so marked.

The district court determines in the first instance whether an agency acted without substantial justification requiring an award of costs and attorney’s fees to the prevailing party.

Goff v. NDDOT 2022 ND 186
Docket No.: 20220119
Filing Date: 11/10/2022
Case Type: Appeal - Administrative - Department of Transportation
Author: Tufte, Jerod E.

Richardson v. Richardson, et al. 2022 ND 185
Docket No.: 20220163
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A district court order denying a motion to modify residential responsibility and denying a motion to reconsider is summarily affirmed under N.D.R.App.P. 35.1(a)(7) and (4).

Richardson v. Richardson, et al. 2022 ND 185
Docket No.: 20220163
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

State v. Vickerman 2022 ND 184
Docket No.: 20220085
Filing Date: 11/10/2022
Case Type: Appeal - Criminal - Homicide
Author: Jensen, Jon J.

Highlight: A hearsay statement may be admitted as an exception if it illustrates the declarant’s state of mind, is relevant to the criminal act in question, and shows a defendant’s motive to engage in that act.

A life sentence with parole must include a calculation of the defendant’s life expectancy using the mandated mortality table.

State v. Vickerman 2022 ND 184
Docket No.: 20220085
Filing Date: 11/10/2022
Case Type: Appeal - Criminal - Homicide
Author: Jensen, Jon J.

Wilkinson, et al. v. Bd. of University and School Lands of the State of N.D. 2022 ND 183
Docket No.: 20220037
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A person bringing a claim against the State for an injury shall present to the director of the office of management and budget within 180 days after the alleged injury is discovered or reasonably should have been discovered a written notice.

Civil conspiracy is a combination of two or more persons acting in concert to commit an unlawful act or to commit a lawful act by unlawful means, the principal element of which is an agreement between the parties to inflict a wrong against or injury upon another and an overt act that results in damages. A civil conspiracy generally requires the underlying act itself to be actionable as a tort claim.

A physical taking is where the government requires an owner to suffer a permanent physical invasion of her property. Total regulatory takings occur when regulations completely deprive an owner of all economically beneficial use of her property.

Unjust enrichment requires an enrichment, an impoverishment, a connection between the enrichment and the impoverishment, an absence of justification for the enrichment and impoverishment, and an absence of remedy provided by law.

Section 1983, 42 U.S.C., provides a cause of action against a state actor depriving a citizen of a constitutional right.

Wilkinson, et al. v. Bd. of University and School Lands of the State of N.D. 2022 ND 183
Docket No.: 20220037
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Northern Oil & Gas v. EOG Resources, et al. 2022 ND 182
Docket No.: 20220133
Filing Date: 10/27/2022
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: McEvers, Lisa K. Fair

Highlight: A transfer in writing is called a grant. A grant takes effect upon its delivery. For a delivery to occur, a grantor must intend to pass title. Delivery of a grant with intent that title transfer upon some contingency or condition is prohibited. A conditional delivery is absolute.

The rules of contract interpretation apply to oil and gas leases. Contracts executed together concerning the same subject matter may be read and construed together, but they retain their separate identity. Extrinsic evidence, including another agreement, may not be used to alter the unambiguous terms of an oil and gas lease.

An unrecorded instrument encumbering real estate is valid as to those with notice of the instrument.

Northern Oil & Gas v. EOG Resources, et al. 2022 ND 182
Docket No.: 20220133
Filing Date: 10/27/2022
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: McEvers, Lisa K. Fair