Opinions

Edwards v. Edwards 2010 ND 2
Docket No.: 20090043
Filing Date: 1/12/2010
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Judicial Vacancy in Judgeship No. 1, Northwest Judicial District 2010 ND 1
Docket No.: 20090366
Filing Date: 1/6/2010
Case Type: Judicial Administration - Rule - Rule
Author:

Highlight: Judgeship retained at Williston.

Interest of W.K. (Confidential) 2009 ND 218
Docket No.: 20090351
Filing Date: 12/22/2009
Case Type: Appeal - Civil - Mental Health
Author: Kapsner, Carol

Highlight: A district court may order involuntary treatment and hospitalization or involuntary treatment with medication only if the court finds a person qualifies as a "person requiring treatment" as defined by N.D.C.C. 25-03.1-02(12).
To qualify as a "person requiring treatment," the district court must find by clear and convincing evidence: (1) the person is mentally ill, and (2) if not treated, there is a reasonable expectation that the person presents a serious risk of harm to herself, others, or property.
A district court's order for involuntary treatment and hospitalization or involuntary treatment with medication will be reversed on appeal only if clearly erroneous.

Lucas v. Riverside Park Condominiums Unit Owners Association 2009 ND 217
Docket No.: 20090122
Filing Date: 12/22/2009
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: Adverse rulings alone are not evidence of judicial bias or partiality.
To prevail on a claim for failure to make a reasonable accommodation under the federal Fair Housing Act and state Housing Discrimination Act, the plaintiff must establish (1) that he or an associate of his is handicapped and that the defendant knew or should have known of this fact; (2) that an accommodation may be necessary to afford the handicapped person an equal opportunity to use and enjoy the dwelling; (3) that such accommodation is reasonable; and (4) that the defendant refused to make the requested accommodation.
Unpublished decisions from other jurisdictions have value only if they are persuasive.
Liability for intentional infliction of emotional distress does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.
A district court must find that a plaintiff's claim was frivolous to award a prevailing defendant costs and attorney fees under the provisions of the federal Fair Housing Act and state Housing Discrimination Act.
A court should not use the wisdom of hindsight to determine whether claims are frivolous.

Judicial Vacancy in Judgeship No. 5, South Central Judicial District 2009 ND 216
Docket No.: 20090345
Filing Date: 12/22/2009
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Bismarck.

State v. Moore 2009 ND 215
Docket No.: 20090143
Filing Date: 12/21/2009
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: District court order setting restitution and amending criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Woodward v. Woodward (Consolidated w/ 20090053) 2009 ND 214
Docket No.: 20080343
Filing Date: 12/18/2009
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Civil contempt requires a willful and inexcusable intent to violate a court order, and a complainant must clearly and satisfactorily show that the alleged contempt has been committed.
Issues not raised or considered in the district court cannot be raised for the first time on appeal.
A district court may order psychological evaluations for a parent if it is in a child's best interests.

Minto Grain, et al. v. Tibert, et al. 2009 ND 213
Docket No.: 20080300
Filing Date: 12/17/2009
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: The district court's decision on a motion for judgment as a matter of law is fully reviewable on appeal under the same standard as the district court, examining the sufficiency of the evidence viewing the evidence supporting the jury verdict as true, and deciding whether that evidence is so insufficient, reasonable minds could reach only one conclusion.
A party making a motion for new trial is limited on appeal to the grounds in that motion.
The grounds for post-trial motions must be stated with "particularity."
A district court's denial of a new trial motion based on juror misconduct will not be reversed unless the court abused its discretion.

Dunford v. Tryhus 2009 ND 212
Docket No.: 20090178
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Statutes of limitations are a legal bar to a cause of action and begin to run when the underlying cause of action accrues. Accrual typically occurs at the commission of the wrongful act giving rise to the cause of action, and an injury usually arises contemporaneously with the wrongful act causing the injury.
The discovery rule is an exception to the statute of limitations and, if applicable, postpones a claim's accrual until the plaintiff knew, or with the exercise of reasonable diligence should have known, of the wrongful act and its resulting injury.

Ude v. Ude 2009 ND 211
Docket No.: 20090070
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: The district court may extend an existing protection order after the petitioner shows there has been actual or imminent domestic violence prior to the extension.
Factors affecting extension of a protection order include threats of violence, violations of previous protection orders, a petitioner's fear of the respondent, and the history of the parties.
A district court's authority to issue or extend a protection order includes the authority to modify the child visitation terms of an existing divorce decree.

State v. Grant 2009 ND 210
Docket No.: 20090076
Filing Date: 12/15/2009
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: In a sexual assault case, statements reasonably pertinent to the medical diagnosis and treatment of physical and psychological trauma are admissible under N.D.R.Ev. 803(4).
Under N.D.R.Ev. 803(4), courts may admit statements for the purpose of medical diagnosis or treatment made by the person seeking treatment or a third party, so long as the relationship between the person seeking treatment and the third party is sufficiently close to ensure that the guaranty of trustworthiness inherent in the rule applies under the circumstances.
When reviewing appeals regarding the sufficiency of the evidence in criminal cases, the defendant must show that the evidence, when viewed in the light most favorable to the verdict, reveals no reasonable inference of guilt.

Matter of T.O. (CONFIDENTIAL) 2009 ND 209
Docket No.: 20090181
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: A person can be committed as a sexually dangerous individual if the individual's likelihood to engage in further acts of sexually predatory conduct which constitutes a danger to the physical or mental health or safety of others is proven by evidence of the individual's scores on actuarial assessment instruments, violation of treatment center rules, failure to complete treatment, and acting out sexually.

Machart v. Machart 2009 ND 208
Docket No.: 20090139
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A child's preference to live with one parent can constitute a material change in circumstances, justifying a change in primary residential responsibility.
A district court that does not sufficiently document a child support obligor's income errs as a matter of law.
A district court that does not consider a child living with a child support obligor who is not also a child of the obligee errs as a matter of law.

First International Bank & Trust v. Peterson, et al. 2009 ND 207
Docket No.: 20090214
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A lender that pays a borrower's debt by purchasing property at a foreclosure sale for the full amount of the indebtedness discharges guaranties on the loan.
Failure to respond to a letter, when there is no legal requirement to do so, does not constitute inaction upon which a party can rely to prove a waiver or estoppel claim.

Matter of Lila Peterson's dogs (cross-reference with 20080094) 2009 ND 206
Docket No.: 20090160
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Under N.D.C.C. 36-21.1-06(1), probable cause to confiscate an animal exists when a sheriff, police officer, licensed veterinarian, or investigator knows of facts and circumstances sufficient to warrant a reasonable belief that the animal is being unjustifiably exposed to cold or inclement weather or not being properly fed and watered.
A district court's determination of whether an animal owner can provide adequate care for a confiscated animal under N.D.C.C. 36-21.1-06(8) will be reversed only if clearly erroneous.

Hartleib v. Simes 2009 ND 205
Docket No.: 20080307
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Procedural due process generally requires fundamental fairness, including notice and a meaningful opportunity to he heard, but the specific requirements of procedural due process are flexible and vary depending upon the circumstances of each case.
The district court has broad discretion over the presentation of evidence and the conduct of a trial or hearing, and the court may impose reasonable restrictions upon the length of the trial or hearing and upon the number of witnesses allowed.
When a parent seeks to terminate a guardianship and regain custody of his or her child, the parent initially has the burden of showing that the impediments leading to creation of the guardianship have been removed; the burden then shifts to the non-parent guardian to rebut the presumption that parental custody is in the best interest of the child by showing "exceptional circumstances"; and, if exceptional circumstances exist, a "best interest of the child" analysis is triggered, with the burden of proof upon the non-parent to establish that it is in the best interest of the child that the guardianship continue.
The fact that a guardianship was voluntarily created with the consent of the parents is, as a matter of law, an "exceptional circumstance" triggering the best interest of the child analysis.
As a prerequisite to awarding grandparent visitation under N.D.C.C. 14-09-05.1, the district court must determine whether the visitation would be in the best interest of the child and whether the visitation would interfere with the parent-child relationship.

State v. Dahl (Consolidated w/20090019) 2009 ND 204
Docket No.: 20090018
Filing Date: 12/15/2009
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: District courts can reject a defendant's waiver of the right to counsel if the defendant suffers from mental illness or impairment such that the defendant would not be competent to conduct trial proceedings, even if the defendant is otherwise competent to stand trial.
To ensure the defendant is afforded a fair trial, a district court can appoint counsel for the defendant during trial if the court determines the defendant is no longer competent to present his or her own defense.

Hruby v. Hruby 2009 ND 203
Docket No.: 20090010
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: In deciding whether to allow a custodial parent to relocate to another state with the child, the custodial parent's desire to move to live with a new spouse is a dominant factor in favor of allowing the move.
A custodial parent's motion for permission to relocate should be denied based on the potential negative impact on the relationship between the noncustodial parent and child only in exceptional circumstances, including when the court finds a custodial parent will not foster the child's relationship with the noncustodial parent.

Great Plains National Bank v. Leppert, et al. 2009 ND 202
Docket No.: 20090119
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: An amended foreclosure and money judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Booth 2009 ND 201
Docket No.: 20090148
Filing Date: 12/15/2009
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment entered upon a guilty verdict of accomplice to criminal mischief is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Wilson (Consolidated w.20090204) 2009 ND 200
Docket No.: 20090203
Filing Date: 12/15/2009
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: District court judgments entered after a jury found defendant guilty of reckless endangerment and fleeing or attempting to elude a peace officer are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Matter of Wolff 2009 ND 199
Docket No.: 20090210
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Order denying petition for discharge from commitment as a sexually dangerous individual summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Sample v. N.D. Department of Transportation 2009 ND 198
Docket No.: 20090106
Filing Date: 12/2/2009
Case Type: Appeal - Administrative - Department of Transportation
Author: Maring, Mary

Highlight: The Department of Transportation may suspend a motor vehicle dealer's license for violating N.D.C.C. 39-04-17.
Leaving the manner and means of exercising an administrative agency's powers to the discretion of the agency implies a range of reasonableness within which the agency's exercise of discretion will not be interfered with by the judiciary.
Whether an individual has "willfully violated" a legal duty is a question of fact.

Swenson v. Workforce Safety & Insurance 2009 ND 197
Docket No.: 20090138
Filing Date: 11/30/2009
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Inconsistencies in a medical expert's opinions may be considered by WSI in assessing the credibility of medical evidence.
There is no presumption entitling a treating physician's opinion to great weight.

Landsiedel v. Director, N.D. Dept. of Transp. (consol. with 20090057) 2009 ND 196
Docket No.: 20090056
Filing Date: 11/17/2009
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: The Department of Transportation cannot unilaterally decide hearings regarding the suspension or revocation of drivers' licenses for alcohol-related offenses will be by telephone.

Conservatorship of T.K. 2009 ND 195
Docket No.: 20090035
Filing Date: 11/17/2009
Case Type: Appeal - Civil - Guardian/Conservator
Author: Sandstrom, Dale

Highlight: A conservator may be appointed for a protected person if the person is unable to manage property and affairs because of advanced age or mental deficiency.
A conservator may be appointed consistent with the maximum self-reliance and independence of the protected person.
Absent good cause, a court shall appoint a conservator according to the protected person's most recent nomination in a durable power of attorney.
A party may be entitled to attorney fees incurred in the good-faith initiation of a conservatorship proceeding.

Matter of O.H.W. (Confidential) 2009 ND 194
Docket No.: 20090136
Filing Date: 11/17/2009
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: An alleged ethical violation by a testifying psychologist affects the weight and not the admissibility accorded the psychologist's opinion.
The admissibility of a psychologist's testimony is controlled by the rules governing the admission of expert opinion testimony.

Dunn v. Dunn 2009 ND 193
Docket No.: 20090127
Filing Date: 11/17/2009
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A parent with joint custody who wishes to relocate to another state with the children must make a motion for change of custody and a motion to relocate with the child.
A party seeking a change in custody more than two years since the prior custody order was entered must show there has been a material change in circumstances of the child or the parties and modification is necessary to serve the best interests of the children.
A parent's relocation to another state may constitute a material change in circumstances.

Maisey v. N.D. Department of Transportation 2009 ND 191
Docket No.: 20090194
Filing Date: 11/17/2009
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Checking boxes on the bottom of the report and notice form, without providing a more detailed written explanation, can be sufficient to show probable cause to believe a driver was driving under the influence of alcohol.
A driver is afforded a reasonable opportunity to consult with a lawyer when an officer gave him the lawyer's home telephone number and the driver called the lawyer and left a message.
When a driver creates ambiguity regarding whether he or she will submit to chemical testing, the driver cannot complain about any reasonable interpretation of the driver's words and actions by the officer.
To cure a prior refusal to submit to chemical testing, a driver must make a clearly articulated reconsideration.

State v. Kurtenbach (cross-reference w/20080338 through 20080340) 2009 ND 190
Docket No.: 20090113
Filing Date: 11/17/2009
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment entered upon guilty pleas to one count of forgery and two counts of unauthorized use of personal identifying information is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Lemer v. N.D. Workforce Safety & Insurance, et al. 2009 ND 188
Docket No.: 20090158
Filing Date: 11/17/2009
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: A district court judgment affirming an order of Workforce Safety & Insurance is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Ernst v. State 2009 ND 187
Docket No.: 20090192
Filing Date: 11/17/2009
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court's order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1),(6), and (7).

State v. Johnson 2009 ND 186
Docket No.: 20090147
Filing Date: 11/17/2009
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: A criminal judgment entered after a jury convicted the defendant of criminal trespass is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Matter of E.W.F. (CONFIDENTIAL) 2009 ND 185
Docket No.: 20090082
Filing Date: 11/17/2009
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author:

Highlight: Order denying petition for discharge from commitment as a sexually dangerous individual summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

AmeriFirst Home Improvement Finance Co. v. Kile, et. al 2009 ND 184
Docket No.: 20090187
Filing Date: 11/17/2009
Case Type: Appeal - Civil - Debtor/Creditor
Author:

Highlight: District court judgment ordering payment of a contractual debt is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (6).

Thompson, et al. v. Schmitz, et al. 2009 ND 183
Docket No.: 20080191
Filing Date: 10/16/2009
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: Although a pleading may be impliedly amended by the introduction of evidence which varies the theory of the case and which is not objected to on the grounds it is not within the issues in the pleadings, consent to try an issue outside the pleadings cannot be implied from evidence which is relevant to the pleadings but which also bears on an unpleaded issue.
Equity regards as done that which ought to have been done.
Corporate assets belong to the corporation, not to the shareholders.

State v. Ness 2009 ND 182
Docket No.: 20090046
Filing Date: 10/15/2009
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Maring, Mary

Highlight: To have standing to raise a vagueness challenge, a litigant must almost always demonstrate that the law in question is vague as applied to his own conduct, without regard to its potentially vague application in other circumstances.
A court may refuse to give jury instructions that are irrelevant or inapplicable.
The opportunity to cross-examine a witness is the primary mode of safeguarding a defendant's confrontation rights, but the scope of the cross-examination is in the court's discretion.

Martin v. N.D. Department of Transportation 2009 ND 181
Docket No.: 20090105
Filing Date: 10/13/2009
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: Police checkpoints are not per se unconstitutional under the Fourth Amendment of the United States Constitution or Article I, Section 8 of the North Dakota Constitution. A checkpoint seizure is unconstitutional if it is unreasonable.
The reasonableness of a checkpoint seizure is determined by balancing three prongs: the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest and the severity of the interference with individual liberty. The weight given each prong is based on its underlying facts, and the underlying facts are viewed within the totality of the circumstances.
The gravity of the public concern addressed by a checkpoint seizure is measured by the magnitude of the societal harm caused by a specific problem.
The degree to which a checkpoint advances the public interest calls for a searching examination of the checkpoint's effectiveness.
The severity of interference with individual liberty caused by a checkpoint seizure is measured by gauging the objective and subjective levels of intrusion on individual motorists. A checkpoint's objective level of intrusion is measured by the duration of the seizure and the intensity of the investigation. A checkpoint's subjective level of intrusion is measured by the fear and surprise engendered in law-abiding motorists by the nature of the stop.

Hager, et al. v. City of Devils Lake 2009 ND 180
Docket No.: 20090050
Filing Date: 10/13/2009
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: Dismissal of a claim or action without prejudice has no res judicata effect.
Whether the injury was permanent or temporary is the determinative factor in commencing the statute of limitations in a damage action for flooding caused by construction.
When water is diverted onto property by construction or operation of a permanent structure, there is only one cause of action, successive suits may not be maintained, and the statute of limitations begins to run when harm first occurs.
The six-year statute of limitations for contract actions under N.D.C.C. 28-01-16(1) governs inverse condemnation claims brought under N.D. Const. art. I, sec. 16.
An inverse condemnation action accrues on the date the property is taken.
Under North Dakota law, a license is revocable.
An easement by estoppel may be created when (1) a landowner permits another to use land under circumstances in which it was reasonable to foresee that the user would substantially change position believing that the permission would not be revoked, (2) the user substantially changed position in reasonable reliance on that belief, and (3) injustice can be avoided only by establishment of a servitude.

Spitzer v. Bartelson 2009 ND 179
Docket No.: 20090124
Filing Date: 10/13/2009
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: In a claim for reformation of a written contract, courts may admit parol evidence to determine whether a mutual mistake exists sufficient to support reformation.
A district court's finding that a plaintiff failed to prove a mutual mistake by clear and convincing evidence will not be overturned unless clearly erroneous.

State v. Stridiron (consolidated w/20080331) 2009 ND 178
Docket No.: 20080286
Filing Date: 10/13/2009
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Criminal judgments for robbery are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Interest of O.F., a child (confidential) 2009 ND 177
Docket No.: 20090137
Filing Date: 10/13/2009
Case Type: Appeal - Criminal - Juvenile Law
Author: Kapsner, Carol

Highlight: A defendant claiming a double jeopardy bears the burden of proving each element of former jeopardy.
A juvenile's double jeopardy rights are not violated when the facts used to impose a sanction by a juvenile drug court are later used to support an adjudication of delinquency.
Procedural rules are not adopted by opinion in litigated appeals.

State v. McLaren 2009 ND 176
Docket No.: 20090125
Filing Date: 10/13/2009
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: Reasonable suspicion to stop a vehicle exists when an officer observes a vehicle displaying expired registration tabs, license plates, and a temporary registration certificate.

Estate of Schiermeister (Consolidated w/20090169) 2009 ND 175
Docket No.: 20080287
Filing Date: 10/13/2009
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: Orders directing a final accounting and distribution of an estate are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. O'Toole 2009 ND 174
Docket No.: 20090034
Filing Date: 10/13/2009
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: There is insufficient evidence to support a conviction only when no rational fact finder could find the defendant guilty beyond a reasonable doubt viewing all the evidence in the light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably drawn in its favor.
Words in a statute are given their plain, ordinary, and commonly understood meaning, unless they are specifically defined in the code or the drafters clearly intended otherwise.
A district court does not err in refusing to give a jury instruction that is irrelevant or inapplicable.

Schlosser v. N.D. Dep't. of Transp. 2009 ND 173
Docket No.: 20090156
Filing Date: 11/19/2009
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: To admit a blood alcohol test report in an administrative proceeding to revoke an individual's driver's license, the documents and testimony presented must show scrupulous compliance with the methods approved by the State Toxicologist.

Estate of Dionne 2009 ND 172
Docket No.: 20090016
Filing Date: 9/28/2009
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: The circumstances constituting fraud must be stated in a complaint with particularity.
A contract is ambiguous when rational arguments can be made in support of contrary positions as to the meaning of the language in the contract, and if a contract is ambiguous, extrinsic evidence may be considered to clarify the parties' intent.

Schleuter v. Northern Plains Ins., et al. 2009 ND 171
Docket No.: 20090060
Filing Date: 9/23/2009
Case Type: Appeal - Civil - Insurance
Author: Crothers, Daniel John

Highlight: When a single-vehicle accident occurs in this state but the injured insured is a resident of another state, the insurance policy was purchased from a company based in the other state and not doing business in this state, and all but the initial treatment occurred in the other state, the laws of the other state will apply in interpreting the insurance policy.
Coverage includes more than dollar limits.
Under North Dakota law, a household exclusion in a motor-vehicle insurance policy is void.

LaRocque v. State 2009 ND 170
Docket No.: 20090039
Filing Date: 9/21/2009
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court order denying application for post-conviction relief is summarily affirmed under N.D.R. App. P. 35.1(a)(2) and (4).

State v. Witzke 2009 ND 169
Docket No.: 20090068
Filing Date: 9/18/2009
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment entered after a jury convicted the defendant of violating a disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).