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Onstad v. Jaeger, et al. 2020 ND 203
Docket No.: 20200251
Filing Date: 9/25/2020
Case Type: WRIT OF MANDAMUS (Civil)
Author: Per Curiam

Highlight: Section 16.1-01-08, N.D.C.C., authorizes a court to order the secretary of state to correct an error which has been committed in printing the ballot, and does not place a time limitation on the court’s authority to order the correction of a ballot before the election.

A person’s legal residence is a question of fact.

Holter v. City of Mandan 2020 ND 202
Docket No.: 20190277
Filing Date: 9/21/2020
Case Type: 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.

O'Keeffe v. O'Keeffe 2020 ND 201
Docket No.: 20190379
Filing Date: 9/16/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Tufte, Jerod E.

Highlight: An award of spousal support is rehabilitative when it is ordered to provide the receiving spouse an opportunity to acquire an education, training, work skills, or experience to increase earning capacity or to become self-supporting.

Non-rehabilitative spousal support includes support ordered to equitably reduce a substantial income disparity that cannot be adjusted by property division or rehabilitative support.

State v. Edwards 2020 ND 200
Docket No.: 20200044
Filing Date: 9/15/2020
Case Type: SEXUAL OFFENSE
Author: Crothers, Daniel John

Highlight: Failure to assert a claim of obvious error on appeal does not warrant review under the obvious error standard.

Velasquez v. State 2020 ND 199
Docket No.: 20200043
Filing Date: 9/15/2020
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: The order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

State v. Tolbert 2020 ND 198
Docket No.: 20200029
Filing Date: 9/15/2020
Case Type: SEXUAL OFFENSE
Author: Per Curiam

Highlight: The criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Woelfel v. Gifford 2020 ND 197
Docket No.: 20190331
Filing Date: 9/15/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Crothers, Daniel John

Highlight: Post-judgment modification of residential responsibility is governed by statute which provides the standard for a court to apply.

When a prior judgement establishes joint or equal residential responsibility, modification first requires a determination to award primary residential responsibility.

A residential responsibility order provision that automatically transfers primary residential responsibility on the happening of a condition is against public policy.

Cass County Joint Water Resource District v. Aaland, et al. 2020 ND 196
Docket No.: 20200171
Filing Date: 9/15/2020
Case Type: OTHER (Civil)
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.

Interest of J.F. 2020 ND 195
Docket No.: 20200088
Filing Date: 9/15/2020
Case Type: JUVENILE LAW
Author: Per Curiam

Highlight: An appeal from a juvenile court order finding two children to be deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Sadek, et al. v. Weber, et al. 2020 ND 194
Docket No.: 20190216
Filing Date: 9/15/2020
Case Type: TORTS (NEGLIGENCE, LIAB., NUIS.)
Author: Crothers, Daniel John

Highlight: For the tort of deceit, one who willfully deceives another with intent to induce that person to alter that person’s position to that person’s injury or risk is liable for any damage which that person thereby suffers.

While there must be a false representation of a material fact that either exists in the present or has existed in the past, a mere expression of an opinion in the nature of a prophecy as to the happening or non-happening of a future event is not actionable as deceit.

Negligence consists of a duty on the part of an allegedly negligent person to protect the plaintiff from injury, a failure to discharge the duty, and a resulting injury proximately caused by the breach of the duty.

A proximate cause is a cause which, as a natural and continuous sequence, unbroken by any controlling intervening cause, produces the injury, and without which it would not have occurred.

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