North Dakota Supreme Court Decisions

Browse Opinions From the North Dakota Supreme Court

Recent Decisions From the North Dakota Supreme Court

Valentina Williston, LLC v. Gadeco, LLC
Date: April 21, 2016
Citation: 2016 ND 84
Docket Number: 20150180

Justia Opinion Summary: In 2007, Leroy and Norma Seaton entered into an oil and gas lease with Gadeco, LLC covering Sections 5, 6, 7, 8, and 18 in Township 154 North, Range 98 West, Williams County, North Dakota. The lease had a primary term of...

Gray v. Berg
Date: April 18, 2016
Citation: 2016 ND 82
Docket Number: 20150305

Justia Opinion Summary: David Gray appealed from an order denying his demand for a change of judge and from a judgment dismissing his claims and awarding costs and attorney's fees to Terry Berg. Gray and Berg are adjacent property owners. Berg...

Rath v. Rath
Date: April 18, 2016
Citation: 2016 ND 83
Docket Number: 20160006

Justia Opinion Summary: Mark Rath and Kayla Rath were divorced in January 2013. Kayla Rath was awarded primary residential responsibility of the couple's children, and Mark Rath was awarded supervised parenting time. This Court decided a number...

Langwald v. Langwald
Date: April 15, 2016
Citation: 2016 ND 81
Docket Number: 20150222

Justia Opinion Summary: Patricia Langwald appealed a divorce judgment distributing the parties' marital property and awarding child support. She argued the district court incorrectly valued and distributed the marital property. She also argued...

Larson v. Larson
Date: April 12, 2016
Citation: 2016 ND 76
Docket Number: 20150178

Justia Opinion Summary: Gregory Larson appealed a district court order denying his motion to modify primary residential responsibility of their minor children from Ana Cristina Conceicao to him. Conceicao cross-appealed an order denying her mot...

Lumley v. Kapusta
Date: April 12, 2016
Citation: 2016 ND 74
Docket Number: 20150228

Justia Opinion Summary: Jerry and Linda Lumley appealed a judgment dismissing their action against Elaine Kapusta for specific performance of an oral contract to convey real property located in Mountrail County. The Lumleys were long-time tenan...

Everett v. North Dakota
Date: April 12, 2016
Citation: 2016 ND 78
Docket Number: 20150269

Justia Opinion Summary: Tilmer Everett appealed from a district court order denying his application for post-conviction relief and barring him from filing further motions or pleadings without leave of the district court. In 2007, a jury convict...

North Dakota v. Peltier
Date: April 12, 2016
Citation: 2016 ND 75
Docket Number: 20150274

Justia Opinion Summary: Cameron Lee Peltier appealed after a jury found him guilty of gross sexual imposition. Peltier alleged the minor's mother told law enforcement that the minor may have been touched inappropriately by a cousin five years e...

Gillmore v. Levi
Date: April 12, 2016
Citation: 2016 ND 77
Docket Number: 20150321

Justia Opinion Summary: Andrew Gillmore appealed a judgment affirming the Department of Transportation's decision to suspend his driving privileges for 91 days. Because the Supreme Court concluded the Department's decision was "in accordance wi...

Schmidt v. Levi
Date: April 12, 2016
Citation: 2016 ND 80
Docket Number: 20150344

Justia Opinion Summary: Bo Schmidt appealed a district court judgment affirming a Department of Transportation hearing officer's decision to suspend his driving privileges. Schmidt argued the implied consent advisory was misleading, the chemica...

City of Fargo v. Rakowski
Date: April 12, 2016
Citation: 2016 ND 79
Docket Number: 20150349

Justia Opinion Summary: William Rakowski appealed after a district court granted summary judgment in favor of the City of Fargo. Rakowski owned rental houses in Fargo. In November 2011, Fargo inspected one of the houses and found the garage was...

Rath v. Rath
Date: March 28, 2016
Citation: 2016 ND 71
Docket Number: 20150133

Justia Opinion Summary: This appeal resolved on in many disputes between Mark Rath and Kayla Rath. Mark appealed a disorderly conduct restraining order. In 2015, Kayla petitioned for a disorderly conduct restraining order against Mark, citing a...

Capital Electric Cooperative, Inc. v. N.D. Public Service Commission
Date: March 28, 2016
Citation: 2016 ND 73
Docket Number: 20150227

Justia Opinion Summary: Capital Electric Cooperative, Inc. appealed a judgment affirming a Public Service Commission order granting Montana-Dakota Utilities Company ("MDU") a certificate of public convenience and necessity to extend its electri...

North Dakota v. O'Connor
Date: March 28, 2016
Citation: 2016 ND 72
Docket Number: 20150299

Justia Opinion Summary: In May 2015, a highway patrol officer stopped defendant Blaise O'Connor's car for a defective taillight. The officer observed O'Connor had slurred speech and bloodshot and watery eyes. O'Connor admitted he consumed some...

Welch Construction & Excavating, LLC v. Duong
Date: March 18, 2016
Citation: 2016 ND 70
Docket Number: 20150197

Justia Opinion Summary: Linh Duc Duong, doing business as Classy Nails, appealed after a bench trial awarded Welch Construction & Excavating, LLC, $30,825, plus interest, for the balance due on a construction contract. Welch Construction sued D...

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