Opinions

Interest of A.C. (CONFIDENTIAL) 2022 ND 169
Docket No.: 20220081
Filing Date: 6/8/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Jensen, Jon J.

Highlight: While this Court defers to a tribe on its membership determinations, without consistent and clear factual findings supporting the application of ICWA and North Dakota heightened review for Indian families, this Court is unable to determine the father’s issues on appeal.

The Court retains jurisdiction and remands for the juvenile court to clarify its findings on ICWA and heightened state law and to hold additional evidentiary proceedings if necessary.

Hendrix, et al. v. Jaeger 2022 ND 168
Docket No.: 20220233
Filing Date: 9/7/2022
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Tufte, Jerod E.

Highlight: The Secretary of State misapplies the law by excluding qualified elector signatures on circulated petitions on the basis of a determination that a pattern of likely notary violations on some petitions permitted the wholesale invalidation of all signatures on all petitions that were sworn before the same notary.

Hendrix, et al. v. Jaeger 2022 ND 168
Docket No.: 20220233
Filing Date: 9/7/2022
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Tufte, Jerod E.

Interest of J.G. (CONFIDENTIAL) (consolidated w/20220190) 2022 ND 167
Docket No.: 20220189
Filing Date: 9/1/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of J.G. (CONFIDENTIAL) (consolidated w/20220190) 2022 ND 167
Docket No.: 20220189
Filing Date: 9/1/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Newfield Exploration Company, et al. v. State, et al. 2022 ND 166
Docket No.: 20220022
Filing Date: 9/1/2022
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: An obligation arises from the parties’ contract or the operation of law.

A well operator has a statutory obligation to pay royalties to a mineral interest owner whether the interest is leased or unleased.

Newfield Exploration Company, et al. v. State, et al. 2022 ND 166
Docket No.: 20220022
Filing Date: 9/1/2022
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Kershaw v. Finnson, et al. 2022 ND 165
Docket No.: 20210355
Filing Date: 9/1/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Contradictory testimony is resolved in favor of affirmance on appeal.

Wholesale or verbatim adoption of proposed findings of fact and conclusions of law is disapproved. However, wholesale adoption of proposed findings is not reason alone to reverse a court’s decision. Adopted findings will be affirmed if they adequately explain the rationale for the court’s decision and are not clearly erroneous.

Parenting time decisions must be made based on the best interests of the child. Absent a reason for denying it, some form of extended summer parenting time is routinely awarded.

An evidentiary decision will not be reversed unless the complaining party objected and the court’s decision affects a party’s substantial rights.

A successor judge must certify him or herself as familiar with the record under N.D.R.Civ.P. 63 to proceed with a trial or hearing that has been commenced by a judge who cannot complete it.

Kershaw v. Finnson, et al. 2022 ND 165
Docket No.: 20210355
Filing Date: 9/1/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Sholy v. Cass Cty. Comm’n 2022 ND 164
Docket No.: 20220033
Filing Date: 9/1/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Tufte, Jerod E.

Highlight: An appeal from a decision of a county commission must be made within thirty days of the decision under N.D.C.C. § 28-34-01(1). The time to appeal commences when the commission votes to approve the decision.