http://www.ndcourts.gov/Search/Opinions.asp Opinions from the North Dakota Supreme Court http://www.ndcourts.gov/xml/seal.gif http://www.ndcourts.gov/Search/Opinions.asp http://www.ndcourts.gov/court/opinions/20120017.htm A party seeking to enter property to conduct testing and surveying under N.D.C.C. 32-15-06 must establish it is in the category of persons entitled to seek eminent domain.
Foreign cooperatives that have received a certificate of authority from the secretary of state are entitled to the same rights, exemptions, and privileges as similar North Dakota cooperatives. Those rights, exemptions, and privileges include the right to exercise the power of eminent domain if similar North Dakota cooperatives also have the right to exercise the power of eminent domain. Mon, 21 May 2012 13:55:29 CDT http://www.ndcourts.gov/court/opinions/20110212.htm When technical language is used, meaning words that have acquired a peculiar and appropriate meaning in law, or are defined by statute, such words must be construed according to such peculiar and appropriate meaning or definition.
When a chapter or title of the Century Code conflicts with another chapter or title of the Code, the provisions of the chapter or title must prevail as to all matters in question arising thereunder out of the same subject matter. Thu, 17 May 2012 15:18:39 CDT http://www.ndcourts.gov/court/opinions/20110329.htm Issues that were not raised before the district court cannot be raised for the first time on appeal.
The law does not require a hearing to be held in every case in which a party seeks review of an administrative action to enforce a child support order. Thu, 17 May 2012 15:18:39 CDT http://www.ndcourts.gov/court/opinions/20110201.htm An individual who asks to consult with an attorney before deciding to take a chemical test must be given a reasonable opportunity to do so if it does not materially interfere with the administration of the test.
An individual given a telephone and a telephone book approximately eighteen minutes before the two-hour period for administering a chemical test expired had a reasonable opportunity to contact an attorney when the individual delayed the DUI investigation and called a friend rather than an attorney. Thu, 17 May 2012 15:18:39 CDT http://www.ndcourts.gov/court/opinions/20120058.htm North Dakota courts may accept a guilty plea accompanied by an assertion of innocence as permitted by the United States Supreme Court's decision in North Carolina v. Alford, 400 U.S. 25 (1970).
A defendant entering an Alford plea need not personally provide the factual basis for the plea. Thu, 17 May 2012 15:18:39 CDT http://www.ndcourts.gov/court/opinions/20110355.htm Only judgments and decrees which constitute a final judgment of the rights of the parties to the action and orders enumerated by statute are appealable. Thu, 17 May 2012 15:18:39 CDT http://www.ndcourts.gov/court/opinions/20110145.htm Post-judgment motion seeking to pierce corporate veil and to recover punitive damages based on prejudgment and post-judgment evidence must be brought under N.D.R.Civ.P. 59 or 60 when district court already considered and denied the requested relief in entering the judgment after trial. Thu, 17 May 2012 15:18:39 CDT http://www.ndcourts.gov/court/opinions/20110344.htm A decision cannot be properly reviewed on appeal if the district court does not provide an adequate explanation of its rationale for its decision. Thu, 17 May 2012 15:18:39 CDT http://www.ndcourts.gov/court/opinions/20110121.htm A person arrested for DUI has a limited statutory right to consult with an attorney before deciding whether to submit to a chemical test.
If a DUI arrestee asked to take a chemical test makes any mention of a need for an attorney, the arresting officer must assume the arrestee is requesting an opportunity to consult with an attorney.
Defendant's mention of an attorney's name and passing reference to desire to fight DUI charge were not requests to consult with an attorney before taking a chemical test.
The bright-line rule for determining whether an arrestee has invoked the right to consult with an attorney before submitting to a chemical test adopted in Baillie v. Moore, 522 N.W.2d 748, 750 (N.D. 1994), applies in both administrative and criminal proceedings. Thu, 17 May 2012 15:18:39 CDT http://www.ndcourts.gov/court/opinions/20110362.htm Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (6). Thu, 17 May 2012 15:18:39 CDT http://www.ndcourts.gov/court/opinions/20110300.htm Amended criminal judgment after the district court revoked a defendant's probation and ordered him to serve a sentence longer than the original sentence the court imposed after he pled guilty to a felony and two misdemeanors is summarily affirmed under N.D.R.App.P. 35.1(a)(4). Thu, 17 May 2012 15:18:39 CDT http://www.ndcourts.gov/court/opinions/20110302.htm Order denying request for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). Thu, 17 May 2012 15:18:39 CDT http://www.ndcourts.gov/court/opinions/20110330.htm Order civilly committing a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). Thu, 17 May 2012 15:18:39 CDT http://www.ndcourts.gov/court/opinions/20120130.htm Lawyer suspension ordered. Mon, 14 May 2012 16:32:40 CDT http://www.ndcourts.gov/court/opinions/20110305.htm An agreement may be supplemented by custom or usage, under appropriate circumstances
Pooling and unitization of separately owned tracts do not create a cotenancy between the several leaseholders.
When a claim for conversion and a claim for breach of contract arise under the same facts, tort liability for conversion does not occur unless the conduct that constitutes a breach of contract also gives rise to liability independent of the existence of a contract between the parties. Fri, 4 May 2012 14:43:48 CDT http://www.ndcourts.gov/court/opinions/20110287.htm A partial judgment that disposes of fewer than all claims against all parties will not be considered on appeal absent N.D.R.Civ.P. 54(b) certification.
On appeal, the appropriateness of N.D.R.Civ.P. 54(b) certification is reviewed. Fri, 4 May 2012 14:43:48 CDT http://www.ndcourts.gov/court/opinions/20110338.htm When a default judgment, rather than a district court's order regarding a N.D.R.Civ.P. 60(b) motion to vacate the default judgment, is appealed, it is reviewed to determine whether irregularities appear on the face of the judgment.
District courts have broad discretion in the quality of proof necessary for entering a default judgment.
An appearance is any response sufficient to give a plaintiff or his or her attorney notice of an intent to contest the claim. Thu, 3 May 2012 14:34:44 CDT http://www.ndcourts.gov/court/opinions/20110109.htm Although a teacher who does not receive a notice of nonrenewal is entitled to an offer of reemployment under the same terms and conditions as the current contract, the teacher does not have a right to an identical contract with identical duties and assignments as the current year.
A teacher's right to an offer of reemployment is the right to continued employment in the district in a position for which the teacher is qualified, not the right to teach at a particular school or a particular grade level.
A notice of nonrenewal is required when a change in a teacher's assigned curricular duties is coupled with a severe reduction in salary; however, incidental financial or time consequences of a reassignment, including extra travel expenses and travel time, do not trigger the right to a notice of nonrenewal. Thu, 3 May 2012 14:34:44 CDT http://www.ndcourts.gov/court/opinions/20110262.htm To receive WSI benefits, a claimant must prove, by a preponderance of the evidence, a compensable injury was suffered.
The definition of "compensable injury" excludes preexisting injuries unless the employment substantially accelerated or substantially worsened an injury's severity.
A compensable injury does not exist when a claimant's employment merely triggered symptoms of a preexisting injury.
When an employee cannot be returned to substantial gainful employment under the hierarchy of options in section 65-05.1-01(4), N.D.C.C., but meets the income test under section 65-05.1-01(6)(a)(3), N.D.C.C., the employee has a retained earnings capacity and is entitled to partial disability benefits. Thu, 3 May 2012 14:34:44 CDT http://www.ndcourts.gov/court/opinions/20110233.htm When considering modification of primary residential responsibility, a district court must gauge the best interests of the child factors against the backdrop of the stability of the child's relationship with the custodial parent.
Cases that are "close calls" may result in a change of primary residential responsibility when other considerations are weightier than the custodial stability factor.
Although a change of primary residential responsibility is legally permissible without resorting to other remedies, that result should be a rare event rather than the first choice. Thu, 3 May 2012 14:34:44 CDT http://www.ndcourts.gov/court/opinions/20110364.htm Judgment summarily dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). Thu, 3 May 2012 14:34:44 CDT http://www.ndcourts.gov/court/opinions/20110313.htm Order dismissing application for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6). Thu, 3 May 2012 14:34:44 CDT http://www.ndcourts.gov/court/opinions/20110343.htm A district court order summarily dismissing a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). Thu, 3 May 2012 14:34:44 CDT