Recent Opinions
Grand Prairie Agriculture v. Pelican Township Board of Supervisors 2021 ND 29
Highlight: A township’s decision on a petition for approval of a proposed site for an animal feeding operation may be reversed on appeal if the township misinterprets or misapplies the law. |
Whetsel v. State 2021 ND 28
Highlight: Once the State has responded to a petition for post-conviction relief, sua sponte summary disposition by the court is no longer available, and the State is required to move for summary disposition. |
Thompson-Widmer v. Larson, et al. 2021 ND 27
Highlight: A publication or communication must be false to be defamatory. |
McClintock v. NDDOT 2021 ND 26
Highlight: To facilitate compliance with statutory requirements and the foundational element requiring a test be fairly administered, the state toxicologist has established approved methods for administering chemical breath tests. |
State v. Spillum 2021 ND 25
Highlight: If a motion for judgment of acquittal was made at trial on specified grounds, and those grounds did not include the claim on appeal, the defendant does not preserve that issue for this Court’s review. |
Davis v. Davis, et al. 2021 ND 24
Highlight: Failure to provide a non-moving party the allotted time to respond under N.D.R.Ct. 3.2(a)(2) is a misapplication of law. |
Stoddard v. Singer 2021 ND 23
Highlight: A district court’s findings of fact will not be reversed on appeal unless clearly erroneous. |
Estate of Johnson 2021 ND 22
Highlight: In an informal, unsupervised probate, an order settling all claims of one claimant is final, even if there are pending claims by other claimants. |
State v. Youngbird 2021 ND 21
Highlight: A district court has jurisdiction to amend a criminal judgment to include restitution when the State files the motion to amend within the time limit imposed by the court during sentencing. |
Matter of Hehn 2021 ND 20 Highlight: Civil commitment decisions require detailed findings, including credibility determinations and references to evidence the court relied on in making its decision. Conclusory, general findings do not comply with N.D.R.Civ.P. 52(a). |