North Dakota Supreme Court Decisions 2012

State v. Baesler
Date: December 24, 2012
Citation: 2012 ND 262
Docket Numbers: 20120295, 20120296
D.E. v. K.F.  
Date: December 18, 2012
Citation: 2012 ND 253
Docket Number: 20120069

Justia Opinion Summary: Child S.B., is an orphan. Her mother and presumed father are dead. No one claimed custody through either parent. K.F. and M.F. physically had the child and claimed to be "private foster parents" even though they were not...

Matter of M.D.  
Date: December 18, 2012
Citation: 2012 ND 261
Docket Number: 20120158

Justia Opinion Summary: M.D. appealed a district court order denying his petition for discharge from commitment as a sexually dangerous individual. M.D. argued the court's finding that he remain a sexually dangerous individual was clearly erron...

Interest of T.H.  
Date: December 18, 2012
Citation: 2012 ND 254
Docket Number: 20120168

Justia Opinion Summary: K.H. appealed a juvenile court permanency order extending placement of his daughter, T.H., in the custody and control of Barnes County Social Services until June 1, 2012. Upon review of the matter, the Supreme Court reve...

Specialized Contracting, Inc. v. St. Paul Fire & Marine Ins.  
Date: December 18, 2012
Citation: 2012 ND 259
Docket Number: 20120195

Justia Opinion Summary: Kadrmas, Lee & Jackson, Inc., ("KLJ") appealed a district court judgment awarding the City of Valley City ("City") costs and expenses the City incurred defending itself in the underlying lawsuit and pursuing its indemnit...

MayPort Farmers Co-Op v. St. Hilaire Seed Company, Inc.  
Date: December 18, 2012
Citation: 2012 ND 257
Docket Number: 20120202

Justia Opinion Summary: MayPort Farmers Co-Op appealed the judgment entered after trial and the district court's order denying MayPort's motion to amend findings of fact and conclusions of law and to amend judgment. MayPort sued St. Hilaire See...

Lund v. Lund  
Date: December 18, 2012
Citation: 2012 ND 255
Docket Number: 20120210

Justia Opinion Summary: Wendell Lund appealed a district court order dismissing his action against his mother Betty Lund for lack of personal jurisdiction. Wendell is the son of Orville and Betty Lund. Orville and Betty Lund owned real property...

Howard v. Trotter  
Date: December 18, 2012
Citation: 2012 ND 258
Docket Number: 20120221

Justia Opinion Summary: William and Carla Trotter and Kevin and Cheryl Buehner appealed a judgment which declared "Trotter Road" a public road, and that awarded Ralph and Patricia Howard damages. Since 1984, the Howards have used Trotter Road t...

Nuveen v. Nuveen  
Date: December 18, 2012
Citation: 2012 ND 260
Docket Number: 20120246

Justia Opinion Summary: Michiel Nuveen appealed a district court judgment deviating upward from the Child Support Guidelines and ordering him to pay $3,620.00 per month in child support. On appeal he argued the district court made a mathematica...

State v. Benefiel
Date: December 18, 2012
Citation: 2012 ND 252
Docket Numbers: 20120274, 20120275
State v. Wolfgram
Date: December 18, 2012
Citation: 2012 ND 251
Docket Number: 20120286
Interest of Voisine
Date: December 18, 2012
Citation: 2012 ND 250
Docket Number: 20120325
Interest of J.N.  
Date: December 18, 2012
Citation: 2012 ND 256
Docket Number: 20120389

Justia Opinion Summary: B.N. appealed juvenile court orders terminating his parental rights to J.N. and J.N. Upon review of the matter, the Supreme Court reversed and remanded, concluding the juvenile court failed to make a required finding of...

Disciplinary Board v. McCray
Date: December 3, 2012
Citation: 2012 ND 249
Docket Number: 20120363
Deyle v. Deyle  
Date: November 30, 2012
Citation: 2012 ND 248
Docket Number: 20120157

Justia Opinion Summary: Christina Deyle appealed the district court judgment granting Eric Deyle primary residential responsibility of the parties' two minor children. Upon review, the Supreme Court affirmed the district court's award of primar...

North Dakota v. Herzig  
Date: November 28, 2012
Citation: 2012 ND 247
Docket Number: 20110304

Justia Opinion Summary: Daniel Herzig appealed a jury verdict which found him guilty of criminal trespass, a class B misdemeanor. Under "North Dakota v. Meyer," (361 N.W.2d 221 (N.D. 1985)), the Supreme Court concluded this dispute was ill-suit...

Plaintiff v. Defendant  
Date: November 27, 2012
Citation: 2012 ND 234
Docket Number: 20110252

Justia Opinion Summary: Mohamed Keita appealed a divorce judgment that awarded Jennifer Keita primary residential responsibility for the parties' minor child, granted Mohamed Keita supervised parenting time for the child, denied Mohamed Keita j...

Palmer v. North Dakota  
Date: November 27, 2012
Citation: 2012 ND 237
Docket Number: 20110344

Justia Opinion Summary: n 2001, Defendant Mark Palmer was convicted of four counts of gross sexual imposition. Defendant appealed, and the Supreme Court affirmed his convictions. In 2011, Defendant appealed a district court order that denied hi...

North Dakota v. Tresenriter  
Date: November 27, 2012
Citation: 2012 ND 240
Docket Number: 20120026

Justia Opinion Summary: Defendant Michael Tresenriter appealed criminal judgments entered after a jury verdict found him guilty of 22 counts of conspiracy to manufacture methamphetamine, two counts of unlawful possession of drug paraphernalia,...

Schwab v. Zajac  
Date: November 27, 2012
Citation: 2012 ND 239
Docket Number: 20120172

Justia Opinion Summary: In an action stemming from a failed sale of land from Greg and Shelly Schwab to Raymond Zajac, Zajac appealed the judgment entered after a jury awarded the Schwabs $4,000 on their slander of title claim against Zajac, af...

Interest of G.L.D.
Date: November 27, 2012
Citation: 2012 ND 233
Docket Number: 20120175
Haag v. North Dakota  
Date: November 27, 2012
Citation: 2012 ND 241
Docket Number: 20120196

Justia Opinion Summary: Christopher Haag appealed an order denying his application for post-conviction relief from criminal convictions entered after he pled guilty to drug-related charges involving JWH-018 1-Pentyl-3 (1-naphthoyl) indole ("JWH...

Holkesvig v. Welte
Date: November 27, 2012
Citation: 2012 ND 236
Docket Numbers: 20120203, 20120204, 20120205
Ehlen v. Melvin  
Date: November 27, 2012
Citation: 2012 ND 246
Docket Number: 20120233

Justia Opinion Summary: Paul Ehlen appealed a judgment that dismissed his action against John and LynnDee Melvin to enforce a purchase agreement, a judgment for costs, and an amended judgment. The matter stemmed from a property transaction betw...

North Dakota v. Dominguez  
Date: November 27, 2012
Citation: 2012 ND 243
Docket Number: 20120240

Justia Opinion Summary: Defendant Esteban Dominguez was charged with attempted murder and terrorizing after he allegedly threatened David Nelson with a .22 caliber rifle. When Nelson began to run away, Dominguez allegedly shot at Nelson four ti...

Niska v. Falconer  
Date: November 27, 2012
Citation: 2012 ND 245
Docket Number: 20120252

Justia Opinion Summary: William Falconer appealed a domestic violence protection order prohibiting him from coming within 500 feet of Bridget Niska for three years, an order granting Niska temporary custody of the parties' minor child, and a ma...

Hamilton v. Woll  
Date: November 27, 2012
Citation: 2012 ND 238
Docket Number: 20120269

Justia Opinion Summary: Ronald Rowland appealed the grant of summary judgment that declared that 15 deeds executed in the 1950s covering certain Bowman County property conveyed royalty interests rather than mineral interests, and an order denyi...

Muldoon v. WSI  
Date: November 27, 2012
Citation: 2012 ND 244
Docket Number: 20120273

Justia Opinion Summary: Brendan Muldoon appealed a district court judgment that affirmed an order from an administrative law judge ("ALJ") which: affirmed an order of Workforce Safety and Insurance ("WSI") finding Muldoon was an employer under...

Waslaski v. State
Date: November 27, 2012
Citation: 2012 ND 232
Docket Numbers: 20120291, 20120292, 20120293
North Dakota, ex rel. Madden v. Rustad  
Date: November 27, 2012
Citation: 2012 ND 242
Docket Number: 20120305

Justia Opinion Summary: The State of North Dakota, through Williams County Assistant State's Attorney Nathan Kirke Madden, petitioned the Supreme Court for a supervisory writ to direct the district court to vacate a pretrial order requiring the...

Interest of A.J.L.H.
Date: November 27, 2012
Citation: 2012 ND 235
Docket Numbers: 20120382, 20120383, 20120384, 20120385
Jordet v. Jordet  
Date: November 5, 2012
Citation: 2012 ND 231
Docket Number: 20120185

Justia Opinion Summary: Bradley Dean Jordet and his attorney, Jonathan T. Garaas, appealed orders denying Bradley Jordet's motion to allow him to setoff his spousal support arrearages against Tracy Lyndal Jordet's child support arrearages, and...

State v. Jirinzu
Date: October 25, 2012
Citation: 2012 ND 230
Docket Number: 20120247
North Dakota v. Kirkpatrick  
Date: October 23, 2012
Citation: 2012 ND 229
Docket Number: 20110312

Justia Opinion Summary: Gene Kirkpatrick appealed a criminal judgment entered after a jury found him guilty of conspiracy to commit murder and conspiracy to commit burglary. Upon review of the case, the Supreme Court concluded his statement to...

Shannon v. Shannon  
Date: October 23, 2012
Citation: 2012 ND 222
Docket Number: 20110340

Justia Opinion Summary: Jeffrey Shannon appealed a district court divorce judgment and a post-judgment order. The judgment entered in this case did not adjudicate all claims of the parties, and the court did not certify the judgment as final un...

Hammeren v. Hammeren  
Date: October 23, 2012
Citation: 2012 ND 225
Docket Number: 20110345

Justia Opinion Summary: Allen Hammeren appealed a divorce judgment that awarded primary residential responsibility and child support to Kelli Hammeren and an order that denied his post-judgment motion to reconsider the effective date of his chi...

North Dakota v. No. Dakota Ins. Reserve Fund  
Date: October 23, 2012
Citation: 2012 ND 216
Docket Number: 20110368

Justia Opinion Summary: The State of North Dakota, by and through the Department of Human Services and its Child Support Enforcement Division ("the Department"), appealed a district court order denying its application for an order to enforce an...

Herring v. Lisbon Partners  
Date: October 23, 2012
Citation: 2012 ND 226
Docket Number: 20120090

Justia Opinion Summary: Richard Herring appealed a district court summary judgment dismissing his action against Lisbon Partners Credit Fund, Ltd. Partnership ("Lisbon Partners") and Five Star Services ("Five Star") for nuisance, negligence, an...

Interest of T.M.
Date: October 23, 2012
Citation: 2012 ND 212
Docket Numbers: 20120116, 20120117
Fonder v. Fonder  
Date: October 23, 2012
Citation: 2012 ND 228
Docket Number: 20120134

Justia Opinion Summary: Richie Fonder appealed a judgment that awarded him and Bobbi Fonder equal primary residential responsibility of the parties' three minor children and an order that denied his motion under N.D.R.Civ.P. 59(j) for reconside...

Bishop v. No. Dakota Workforce Safety & Ins.  
Date: October 23, 2012
Citation: 2012 ND 217
Docket Number: 20120138

Justia Opinion Summary: Appellant Collette Bishop appealed a district court judgment that affirmed an administrative law judge's order ("ALJ") which affirmed an order of Workforce Safety and Insurance ("WSI") denying further vocational rehabili...

Krueger v. Tran  
Date: October 23, 2012
Citation: 2012 ND 227
Docket Number: 20120152

Justia Opinion Summary: Hau Tran appealed a district court order granting Shannon Krueger's motion to modify primary residential responsibility of their child. Upon review, the Supreme Court affirmed, concluding the court's decision to modify p...

Stridiron v. State
Date: October 23, 2012
Citation: 2012 ND 214
Docket Number: 20120159
State v. McGeehan
Date: October 23, 2012
Citation: 2012 ND 207
Docket Number: 20120164
State v. Jones
Date: October 23, 2012
Citation: 2012 ND 213
Docket Number: 20120165
Holkesvig v. Grove
Date: October 23, 2012
Citation: 2012 ND 208
Docket Numbers: 20120169, 20120225
Evenson v. Evenson
Date: October 23, 2012
Citation: 2012 ND 218
Docket Number: 20120182
Wenco v. EOG Resources, Inc.  
Date: October 23, 2012
Citation: 2012 ND 219
Docket Number: 20120194

Justia Opinion Summary: Wenco, a North Dakota limited partnership, appealed a judgment quieting title to certain Mountrail County royalty and mineral interests in EOG Resources, Inc. ("EOG"), and QEP Energy Company ("QEP"), and dismissing Wenco...

Moseng v. Frey  
Date: October 23, 2012
Citation: 2012 ND 220
Docket Number: 20120226

Justia Opinion Summary: Karl Moseng and his wife Vicki Moseng were employed by Hartland Mutual Insurance Company. Lynn Frey was Vicki Moseng's supervisor from 1985 to 2008. Karl Moseng alleged Frey used his position as a supervisor with Hartlan...

Gardner v. N.D. Dep't of Transportation  
Date: October 23, 2012
Citation: 2012 ND 223
Docket Number: 20120230

Justia Opinion Summary: Clinton Gardner appealed a district court judgment that affirmed a North Dakota Department of Transportation hearing officer's decision suspending his driving privileges for one year. Gardner argued that because he wasn'...

State v. Smith
Date: October 23, 2012
Citation: 2012 ND 209
Docket Number: 20120234
Disciplinary Board v. McDonagh
Date: October 23, 2012
Citation: 2012 ND 224
Docket Numbers: 20120237, 20120238
State v. Anaya-Verajerano
Date: October 23, 2012
Citation: 2012 ND 210
Docket Number: 20120268
Corman v. State
Date: October 23, 2012
Citation: 2012 ND 215
Docket Number: 20120307
Corman v. State
Date: October 23, 2012
Citation: 2012 ND 211
Docket Number: 20120309
Zaiser v. Jaeger  
Date: October 23, 2012
Citation: 2012 ND 221
Docket Number: 20120346

Justia Opinion Summary: Steven Zaiser, as Chairman of the Sponsoring Committee for the Statutory Initiative Relating to the North Dakota Medical Marijuana Act, asked the Supreme Court to order Secretary of State Alvin Jaeger to place an initiat...

Disciplinary Board v. Hankey
Date: October 15, 2012
Citation: 2012 ND 206
Docket Number: 20120304
Carlson v. Workforce Safety & Ins.  
Date: October 1, 2012
Citation: 2012 ND 203
Docket Number: 20110163

Justia Opinion Summary: Merwin Carlson appealed a judgment affirming a Workforce Safety and Insurance ("WSI") decision that denied his claim for workers' compensation benefits after remand. Under the law of the underlying case, the Supreme Cour...

Walstad v. Walstad  
Date: October 1, 2012
Citation: 2012 ND 204
Docket Number: 20120059

Justia Opinion Summary: Catherine Walstad appealed a judgment awarding her $37,222.90 in her action against Richard Walstad for fraudulently concealing marital property during the parties' 1994 divorce. She argued punitive damages could be reco...

Disciplinary Board v. Summers
Date: October 1, 2012
Citation: 2012 ND 205
Docket Number: 20120317
Tarnavsky v. Tarnavsky
Date: September 28, 2012
Citation: 2012 ND 202
Docket Number: 20120200
Wheeler v. Southport Seven Planned Unit Dev.  
Date: September 27, 2012
Citation: 2012 ND 201
Docket Number: 20110323

Justia Opinion Summary: Plaintiff Sharon Wheeler appealed a judgment requiring her to pay assessments to Defendant Southport Seven Planned Unit Development ("Southport"). Upon review of the matter, the Supreme Court concluded the district court...

Martire v. Martire  
Date: September 25, 2012
Citation: 2012 ND 197
Docket Number: 20110197

Justia Opinion Summary: Michael Martire appealed and Sandra Hendricksen Martire cross-appealed a divorce judgment and the district court's orders on post-trial motions. Both parties challenged the court's decisions on primary residential respon...

North Dakota v. Gagnon  
Date: September 25, 2012
Citation: 2012 ND 198
Docket Number: 20110311

Justia Opinion Summary: Defendant-Appellant William Scott Gagnon III appealed a judgment entered on a conditional plea of guilty to manufacturing marijuana. He reserved his right to appeal the denial of his motion to suppress evidence discovere...

Kohanowski v. Burkhardt  
Date: September 25, 2012
Citation: 2012 ND 199
Docket Number: 20110317

Justia Opinion Summary: Defendant Jessica Burkhardt appealed a district court judgment that awarded damages to Plaintiff Jon Kohanowski for the unpaid balance of a loan and ordered Defendant to pay costs and attorney fees. Defendant was engaged...

State v. VanDyke
Date: September 25, 2012
Citation: 2012 ND 190
Docket Number: 20110325
Matter of Hehn
Date: September 25, 2012
Citation: 2012 ND 191
Docket Number: 20120070
Bank of North Dakota v. Brown
Date: September 25, 2012
Citation: 2012 ND 196
Docket Number: 20120145
State v. Delage
Date: September 25, 2012
Citation: 2012 ND 194
Docket Number: 20120173
Application of Covert
Date: September 25, 2012
Citation: 2012 ND 193
Docket Number: 20120174
Matter of Quilt
Date: September 25, 2012
Citation: 2012 ND 192
Docket Number: 20120176
Everett v. State
Date: September 25, 2012
Citation: 2012 ND 189
Docket Number: 20120179
Frazer v. WSI
Date: September 25, 2012
Citation: 2012 ND 195
Docket Number: 20120189
CitiMortgage, Inc. v. Adolph
Date: September 25, 2012
Citation: 2012 ND 188
Docket Number: 20120208
Interest of B.K.
Date: September 25, 2012
Citation: 2012 ND 200
Docket Number: 20120330
Disciplinary Board v. Jensen
Date: September 18, 2012
Citation: 2012 ND 187
Docket Number: 20120308
Seay v. Seay  
Date: August 30, 2012
Citation: 2012 ND 179
Docket Number: 20110332

Justia Opinion Summary: Darren Seay appealed a district court judgment granting a divorce to Svetlana Seay and awarding her primary residential responsibility of the parties' two minor children, A.M.S. and N.A.S. Upon review, the Supreme Court...

Nichols v. Goughnor  
Date: August 30, 2012
Citation: 2012 ND 178
Docket Number: 20110336

Justia Opinion Summary: The successors to the interests of eight siblings of John Q. Nichols ("Goughnour defendants") appealed the grant of summary judgment in a quiet title action by the successors to the interests of John Q. Nichols ("Nichols...

Ennis v. N.D. Dep't of Human Services  
Date: August 30, 2012
Citation: 2012 ND 185
Docket Number: 20110352

Justia Opinion Summary: The North Dakota Department of Human Services ("the Department") appealed a district court judgment reversing the Department's order determining Edward Ennis was ineligible for continued Supplemental Nutrition Assistance...

Forsman v. Blues, Brews and Bar-B-Ques, Inc.  
Date: August 30, 2012
Citation: 2012 ND 184
Docket Number: 20110356

Justia Opinion Summary: Carol Forsman appealed a judgment which dismissed as a matter of law under N.D.R.Civ.P. 50(a) her dram shop and negligence action against Blues, Brews and Bar-B-Ques, Inc., doing business as Muddy Rivers, and Amanda Espi...

Dahly v. Anderson  
Date: August 30, 2012
Citation: 2012 ND 183
Docket Number: 20120013

Justia Opinion Summary: Wilfred Dahly appealed a district court judgment which affirmed a final order of the North Dakota Department of Human Services ("Department") which determined he was ineligible for Medicaid benefits. Upon review, the Sup...

Waldock v. Amber Harvest Corporation  
Date: August 30, 2012
Citation: 2012 ND 180
Docket Number: 20120064

Justia Opinion Summary: Joe Waldock appealed the grant of summary judgment quieting title to 25 percent of the mineral interests under a tract of land in Mountrail County in the successors in interest of the Estate of William C. Edwardson. Wald...

Nuveen v. Nuveen  
Date: August 30, 2012
Citation: 2012 ND 182
Docket Number: 20120080

Justia Opinion Summary: Michiel Nuveen appealed an order that held him in contempt of court for failing to pay a property settlement as ordered in an amended divorce judgment. Upon review, the Supreme Court affirmed, concluding the district cou...

George v. Veeder  
Date: August 30, 2012
Citation: 2012 ND 186
Docket Number: 20120081

Justia Opinion Summary: David and Marjorie George appealed the grant of summary judgment which quieted title to gravel, clay, and scoria in a quarter section of land in McKenzie County in Rosalie Veeder. Upon review, the Supreme Court concluded...

North Dakota v. Middleton  
Date: August 30, 2012
Citation: 2012 ND 181
Docket Number: 20120082

Justia Opinion Summary: Gerald Middleton appealed a criminal judgment entered after a jury found him guilty of continuous sexual abuse of a child and corruption of a minor. Middleton argued the district court erred in denying his motion to rele...

Disciplinary Board v. Hoffman
Date: August 29, 2012
Citation: 2012 ND 177
Docket Number: 20120284
North Dakota v. $44,140 U.S. Currency  
Date: August 22, 2012
Citation: 2012 ND 176
Docket Number: 20110327

Justia Opinion Summary: Bryen Birkholz appealed a judgment ordering him to forfeit $44,140 in currency seized during a search of his residence and an order denying his motion for a new trial. In August 2010, law enforcement officers executed a...

Fines v. Ressler Enterprises, Inc.  
Date: August 21, 2012
Citation: 2012 ND 175
Docket Number: 20110357

Justia Opinion Summary: Sheryl Fines appealed a judgment that dismissed her action against Ressler Enterprises, Inc. (doing business as Ressler Siding and Windows (Ressler)). Fines argued the district court abused its discretion in dismissing h...

Disciplinary Board v. Feland
Date: August 20, 2012
Citation: 2012 ND 174
Docket Number: 20110321
City of Mandan v. Strata Corp.  
Date: August 20, 2012
Citation: 2012 ND 173
Docket Number: 20120006

Justia Opinion Summary: Strata Corporation and Liberty Mutual Fire Insurance Company appealed a partial summary judgment dismissing Liberty Mutual's subrogation claim against United Crane & Excavation, Inc., after the district court certified t...

Clausnitzer v. Tesoro Refining & Marketing Co.  
Date: August 20, 2012
Citation: 2012 ND 172
Docket Number: 20120107

Justia Opinion Summary: Tim Clausnitzer appealed the grant of summary judgment that dismissed his lawsuit against Tesoro Refinery and Marketing Company alleging lawful-activity discrimination under the North Dakota Human Rights Act, N.D.C.C. ch...

Schulte v. Kramer  
Date: August 16, 2012
Citation: 2012 ND 163
Docket Number: 20110231

Justia Opinion Summary: Cheryl Rae Schulte appealed an amended divorce judgment eliminating Kenneth Kramer's obligations to pay her spousal support, to provide health insurance, and to pay non-covered medical costs. Upon review of the matter, t...

Mickelson v. Workforce Safety & Ins.  
Date: August 16, 2012
Citation: 2012 ND 164
Docket Number: 20110232

Justia Opinion Summary: James Mickelson appealed a judgment affirming a Workforce Safety and Insurance ("WSI") decision denying his claim for workers' compensation benefits. He argued WSI erred in deciding he did not suffer a compensable injury...

Burke v. North Dakota  
Date: August 16, 2012
Citation: 2012 ND 169
Docket Number: 20110286

Justia Opinion Summary: Dale Burke appealed a judgment dismissing his application for post-conviction relief after the district court denied his motion for DNA testing. In 1998, Burke was convicted of murdering Edmund Huotari and Larry Nelson,...

Bakke v. D & A Landscaping Co.  
Date: August 16, 2012
Citation: 2012 ND 170
Docket Number: 20110308

Justia Opinion Summary: Andrew Thomas appealed the district court's judgment entered after a jury awarded Randall and Shannon Bakke $25,000 plus interest for breach of contract, negligence and fraud. Thomas argued insufficient evidence existed...

Smestad v. Harris  
Date: August 16, 2012
Citation: 2012 ND 166
Docket Number: 20120051

Justia Opinion Summary: Bruce G. Harris appealed a district court judgment awarding Linda A. Smestad $30,025 plus interest on the theory of unjust enrichment. Harris argued the district court erred by: (1) deciding the issue remanded without no...

Rudnick v. Rode  
Date: August 16, 2012
Citation: 2012 ND 167
Docket Number: 20120076

Justia Opinion Summary: Melissa Rudnick, formerly known as Melissa Nelson, appealed an amended judgment modifying residential responsibility of the minor child she has with Kirk Rode. Rudnick argued the district court erred in entering an ex pa...

Falkenstein v. Dill  
Date: August 16, 2012
Citation: 2012 ND 165
Docket Number: 20120113

Justia Opinion Summary: Steven and Connie Falkenstein appealed a district court judgment dismissing their claims against Jon W. Dill and Credico, Inc. for violations of the Fair Debt Collection Practices Act ("FDCPA"). The Falkensteins received...

Heier v. N.D. Dept. of Corr. & Rehab.  
Date: August 16, 2012
Citation: 2012 ND 171
Docket Number: 20120128

Justia Opinion Summary: Robert Heier appealed a district court judgment affirming an administrative law judge's ("ALJ") decision affirming the termination of his employment with the Department of Corrections and Rehabilitation. Upon review of t...

Matter of S.E.  
Date: August 16, 2012
Citation: 2012 ND 168
Docket Number: 20120161

Justia Opinion Summary: J.R. and S.R. appealed the trial court's order dismissing their petition to adopt S.E. Upon review of the trial court record, the Supreme Court concluded the trial court erred by dismissing J.R. and S.R.'s petition for a...

Kruckenberg v. North Dakota  
Date: August 1, 2012
Citation: 2012 ND 162
Docket Number: 20110333

Justia Opinion Summary: Defendant Scott Kruckenberg appealed a the trial court order that denied his application for post-conviction relief. Defendant was charged with delivery of methamphetamine. The State filed a notice of intent to seek habi...

Kilber v. Grand Forks Public School District  
Date: July 26, 2012
Citation: 2012 ND 157
Docket Number: 20110178

Justia Opinion Summary: Cornel Kilber appealed a district court judgment that affirmed the Grand Forks Public School District No. 1 ("District") decision to discharge him from his teaching position with the District for conduct unbecoming the p...

Disciplinary Board v. Hann
Date: July 26, 2012
Citation: 2012 ND 160
Docket Numbers: 20110246, 20110247, 20110248
Knudson v. Kyllo  
Date: July 26, 2012
Citation: 2012 ND 155
Docket Number: 20110282

Justia Opinion Summary: Shawn Knudson, individually and as a partner of Tri-K Farms, appealed and Randy Kyllo, individually and as a partner of Tri-K Farms, cross-appealed a judgment ordering Knudson to pay Kyllo $24,703.97 after a bench trial...

North Dakota v. Pavlicek  
Date: July 26, 2012
Citation: 2012 ND 154
Docket Number: 20120012

Justia Opinion Summary: Defendant Sarah Pavlicek appealed a criminal judgment entered against her after a jury found her guilty of abuse or neglect of a child. Defendant lived with her boyfriend, their son, Defendant's daughter from a previous...

Miller v. Walsh County Water Resource District  
Date: July 26, 2012
Citation: 2012 ND 152
Docket Number: 20120018

Justia Opinion Summary: John Miller and J.D. Miller Farming Association (collectively "Miller") appealed an order that affirmed the Walsh County Water Resource District's decision requiring Miller to remove unpermitted dikes from his property l...

North Dakota v. Lutz  
Date: July 26, 2012
Citation: 2012 ND 156
Docket Number: 20120091

Justia Opinion Summary: Defendant Travis Trainor Lutz appealed a criminal judgment entered after he conditionally pled guilty to the charge of driving under the influence. In September 2011, Defendant was charged with driving under the influenc...

North Dakota v. Perales  
Date: July 26, 2012
Citation: 2012 ND 158
Docket Number: 20120114

Justia Opinion Summary: Defendant Anthony Perales appealed an amended criminal judgment that revoked his probation and imposed a sentence of fourteen years' incarceration followed by five years supervised probation. Defendant argued on appeal t...

Mackey v. North Dakota  
Date: July 26, 2012
Citation: 2012 ND 159
Docket Number: 20120119

Justia Opinion Summary: Defendant Kyle T. Mackey appealed a trial court's order for amended judgment and amended judgment denying and dismissing his application for post-conviction relief. In April 2010, Defendant pled guilty to one count of gr...

North Dakota, ex rel. Roseland v. Herauf  
Date: July 26, 2012
Citation: 2012 ND 151
Docket Number: 20120170

Justia Opinion Summary: The State of North Dakota, through Adams County State's Attorney Aaron Roseland, petitioned for a supervisory writ to direct the district court to withdraw its pretrial order holding N.D.R.Ev. 707 required the State to p...

Interest of A.W.  
Date: July 26, 2012
Citation: 2012 ND 153
Docket Number: 20120245

Justia Opinion Summary: J.A. appealed a juvenile court order terminating parental rights to his daughter, A.W. Upon review of the trial court record, the Supreme Court concluded the court's findings that J.A. abandoned the child, that the child...

Disciplinary Board v. Lawler
Date: July 26, 2012
Citation: 2012 ND 161
Docket Number: 20120297
Reiser v. Thorpe
Date: July 19, 2012
Citation: 2012 ND 150
Docket Number: 20120137
D&P Terminal v. City of Fargo  
Date: July 18, 2012
Citation: 2012 ND 149
Docket Number: 20110194

Justia Opinion Summary: D&P Terminal, Inc., and Potter Enterprises appealed a district court judgment that affirmed the decision of the Board of City Commissioners of Fargo in approving special assessments against their property. Upon review, t...

Disciplinary Board v. Mahler
Date: July 17, 2012
Citation: 2012 ND 124
Docket Number: 20120093
Hale v. North Dakota  
Date: July 12, 2012
Citation: 2012 ND 148
Docket Number: 20110146

Justia Opinion Summary: Plaintiff-Appellant Robert Hale appealed a district court order dismissing his action against the State of North Dakota, the Governor of North Dakota in his official capacity, the Director of the Department of Commerce i...

Hale v. Ward County  
Date: July 12, 2012
Citation: 2012 ND 144
Docket Number: 20110171

Justia Opinion Summary: Plaintiffs-Appellants Robert and Susan Hale appealed a district court summary judgment that dismissed their nuisance and governmental takings claims against Ward County and the City of Minot. The Hales own property on wh...

North Dakota v. Chisholm  
Date: July 12, 2012
Citation: 2012 ND 147
Docket Number: 20110228

Justia Opinion Summary: Defendant Rodney Chisholm appealed a criminal judgment entered upon a jury verdict finding him guilty of murder in the death of his brother, Donald Chisholm. The Supreme Court affirmed the judgment, concluding the distri...

North Dakota v. Eide  
Date: July 12, 2012
Citation: 2012 ND 129
Docket Number: 20110263

Justia Opinion Summary: Defendant Kenneth Eide appealed a district court order that denied his motion to correct illegal sentences under N.D.R.Crim.P. 35(a) after the court discharged him from civil commitment as a sexually dangerous individual...

North Dakota v. Garg  
Date: July 12, 2012
Citation: 2012 ND 138
Docket Number: 20110298

Justia Opinion Summary: Defendant Manmohan Garg appealed a district court order denying his motion to withdraw guilty pleas in two criminal cases. He argued the district court erred by denying the motion because his attorneys were constitutiona...

EVI Columbus, LLC v. Lamb  
Date: July 12, 2012
Citation: 2012 ND 141
Docket Number: 20110320

Justia Opinion Summary: Defendants-Appellants Timothy and Elizabeth Lamb appealed a summary judgment cancelling their contract for deed with EVI Columbus, LLC ("EVI") and awarding EVI its costs incurred in cancelling the contract for deed. Upon...

In re Rubey  
Date: July 12, 2012
Citation: 2012 ND 133
Docket Number: 20110322

Justia Opinion Summary: Petitioner Larry Rubey appealed a district court order that denied his petition for discharge from civil commitment as a sexually dangerous individual. Upon review, the Supreme Court affirmed, concluding the court's orde...

Matter of D.A.
Date: July 12, 2012
Citation: 2012 ND 132
Docket Number: 20110358
North Dakota v. Clark  
Date: July 12, 2012
Citation: 2012 ND 135
Docket Number: 20110359

Justia Opinion Summary: Defendant Branden Clark appealed a criminal judgment entered after a jury found him guilty of theft of property. On appeal, Defendant argued: the district court erred in refusing to give his requested jury instruction; i...

North Dakota v. Bruce  
Date: July 12, 2012
Citation: 2012 ND 140
Docket Number: 20110360

Justia Opinion Summary: Defendant Gale Bruce appealed a judgment entered after the district court convicted him of menacing under N.D.C.C. 12.1-17-05. Upon review, the Supreme Court affirmed the judgment, concluding the State presented sufficie...

Castro v. Castro  
Date: July 12, 2012
Citation: 2012 ND 137
Docket Number: 20110369

Justia Opinion Summary: Defendant Julie Castro appealed a district court order dismissing without prejudice her interstate custody proceeding against Crescencio Castro for custody of the parties' minor child. Upon review of the trial court reco...

Holkesvig v. Welte  
Date: July 12, 2012
Citation: 2012 ND 142
Docket Number: 20110373

Justia Opinion Summary: Plaintiff-Appellant Randy Holkesvig appealed a district court order that modified an order enjoining him from filing certain further lawsuits without leave of court and denying his request for leave to commence four new...

Rinas v. Engelhardt  
Date: July 12, 2012
Citation: 2012 ND 146
Docket Number: 20120019

Justia Opinion Summary: Jordan Michael Engelhardt appealed a domestic violence protection order prohibiting him from having contact with Sara J. Rinas for twenty years. Engelhardt and Rinas, who were never married, have a minor child together....

Meier v. N.D. Dep't of Human Services  
Date: July 12, 2012
Citation: 2012 ND 134
Docket Number: 20120063

Justia Opinion Summary: Plaintiff-Appellant Dennis Meier appealed a judgment dismissing his appeal from an administrative law judge's (ALJ) decision. The ALJ affirmed a decision by the Department of Human Services to terminate Plaintiff's emplo...

City of Lincoln v. Johnston  
Date: July 12, 2012
Citation: 2012 ND 139
Docket Number: 20120068

Justia Opinion Summary: In 2011, the City of Johnston charged Appellant Matthew Johnston with driving under the influence after police arrested him for driving his bicycle into a parked vehicle. Appellant moved to dismiss the charge, arguing a...

Toppen v. Toppen
Date: July 12, 2012
Citation: 2012 ND 130
Docket Number: 20120072
State v. Palmer
Date: July 12, 2012
Citation: 2012 ND 126
Docket Numbers: 20120077, 20120078
Interest of Tanner
Date: July 12, 2012
Citation: 2012 ND 127
Docket Number: 20120084
North Dakota v. Mertz  
Date: July 12, 2012
Citation: 2012 ND 145
Docket Number: 20120087

Justia Opinion Summary: Defendant Trevor Mertz appealed a district court criminal judgment entered after a jury convicted him of burglary. Defendant argued that: (1) after the jury retired for deliberation, the district court erred by providing...

State v. Ayala
Date: July 12, 2012
Citation: 2012 ND 131
Docket Number: 20120092
Foreid v. State
Date: July 12, 2012
Citation: 2012 ND 125
Docket Number: 20120105
Matter of Wedmore
Date: July 12, 2012
Citation: 2012 ND 128
Docket Number: 20120106
Thorsrud v. N.D. Dep't of Transportation  
Date: July 12, 2012
Citation: 2012 ND 136
Docket Number: 20120136

Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court's judgment reversing an administrative hearing officer's decision to suspend Petitioner's driving privileges for two years for driving under the inf...

Recovery Resources, LLC v. Cupido  
Date: July 12, 2012
Citation: 2012 ND 143
Docket Number: 20120177

Justia Opinion Summary: Defendant Helen Cupido appealed a trial court's summary judgment entered in favor of Recovery Resources, LLC. Helen and David Cupido married in January 1993. In March 2010, David Cupido incurred medical expenses at St. A...

Haugland v. City of Bismarck  
Date: July 6, 2012
Citation: 2012 ND 123
Docket Number: 20110077

Justia Opinion Summary: Plaintiff-Appellant Erling "Curly" Haugland appealed and Defendant-Appellee City of Bismarck cross-appealed a grant of summary judgment that declared North Dakota's Urban Renewal Law constitutional, and Bismarck's implem...

Kosobud v. Kosobud  
Date: June 13, 2012
Citation: 2012 ND 122
Docket Number: 20110296

Justia Opinion Summary: Arnold Kosobud appealed and Teresa Kosobud cross-appealed a judgment(1) granting the parties a divorce, distributing their marital property, and ordering Arnold Kosobud to pay spousal support and attorney fees to Teresa...

Skachenko v. Skachenko  
Date: June 12, 2012
Citation: 2012 ND 121
Docket Number: 20110370

Justia Opinion Summary: Roger Skachenko appealed a district court order that denied his request to use marital estate funds to conduct an evaluation of Kathryn Skachenko's business, a district court order that denied his request to include as a...

Dakota Resource Council v. Stark County Bd. of Cty. Commr's  
Date: June 7, 2012
Citation: 2012 ND 114
Docket Number: 20110172

Justia Opinion Summary: Dakota Resource Council ("the Council") appealed a district court judgment that affirmed a Stark County Board of County Commissioners ("the Board") decision approving a zoning change for certain land from agricultural to...

North Dakota v. Chacano  
Date: June 7, 2012
Citation: 2012 ND 113
Docket Number: 20110218

Justia Opinion Summary: In 2008, Defendant Vicente Chacano was charged with two counts of gross sexual imposition for having sexual contact with a victim less than fifteen years old. Defendant was charged with three additional counts of gross s...

North Dakota v. Schmidt  
Date: June 7, 2012
Citation: 2012 ND 120
Docket Number: 20110234

Justia Opinion Summary: On November 1, 2010, after speaking with her financial institution, Capitol Credit Union, and noting suspicious withdrawals from her savings account, Heidi Blum notified the Mandan Police Department about two unauthorize...

Holbach v. City of Minot  
Date: June 7, 2012
Citation: 2012 ND 117
Docket Number: 20110277

Justia Opinion Summary: Defendant Mitchell Holbach appealed a municipal court judgment that summarily dismissed his application for post-conviction relief. Upon review of the matter, the Supreme Court concluded the judgment was not appealable,...

Working Capital #1 v. Quality Auto Body  
Date: June 7, 2012
Citation: 2012 ND 115
Docket Number: 20110294

Justia Opinion Summary: Quality Auto Body, Inc. and Bradley R. Huebner ("Quality Auto Body") appealed a trial court's findings of fact, conclusions of law, and order for judgment awarding immediate possession of leased premises, a money judgmen...

State v. Unruh
Date: June 7, 2012
Citation: 2012 ND 107
Docket Number: 20110301
Hangsleben v. Halverson
Date: June 7, 2012
Citation: 2012 ND 106
Docket Number: 20110307
State v. DeLeon
Date: June 7, 2012
Citation: 2012 ND 112
Docket Numbers: 20110350, 20110351
State v. Nelson
Date: June 7, 2012
Citation: 2012 ND 110
Docket Number: 20110377
Thorson v. State
Date: June 7, 2012
Citation: 2012 ND 109
Docket Number: 20120002
Disciplinary Board v. Dyer
Date: June 7, 2012
Citation: 2012 ND 118
Docket Numbers: 20120020, 20120021, 20120022, 20120023
Duffy v. State
Date: June 7, 2012
Citation: 2012 ND 111
Docket Number: 20120025
Disciplinary Board v. Summers
Date: June 7, 2012
Citation: 2012 ND 116
Docket Number: 20120061
Gress v. State
Date: June 7, 2012
Citation: 2012 ND 108
Docket Number: 20120129
Empower the Taxpayer v. Fong  
Date: June 7, 2012
Citation: 2012 ND 119
Docket Number: 20120191

Justia Opinion Summary: Empower the Taxpayer, Charlene Nelson, and Robert Hale (collectively "Empower") appealed an order dismissing their request for injunctive relief against numerous state and local government officials and other entities. E...

Minnkota Power Cooperative, Inc. v. Anderson  
Date: May 21, 2012
Citation: 2012 ND 105
Docket Number: 20120017

Justia Opinion Summary: Respondents-Appellants Darlene Hankison, Michael Flick, Steven Flick, David Flick, landowners in Wells County, and Weckerly F.L.P., a landowner in Sheridan County, appealed a Wells County district court judgment and a Sh...

North Dakota v. Lee  
Date: May 17, 2012
Citation: 2012 ND 97
Docket Number: 20110121

Justia Opinion Summary: Defendant-Appellant Jens Lee appealed his conviction for driving while under the influence of intoxicating liquor or drugs. He was stopped for speeding while riding his motorcycle. After failing field sobriety tests and...

Watts v. Magic 2 x 52 Management, Inc.  
Date: May 17, 2012
Citation: 2012 ND 99
Docket Number: 20110145

Justia Opinion Summary: Plaintiffs, a majority group of limited partners of Magic 2 x 52 Limited Partnership appealed their post-judgment motion to pierce the corporate veil of several corporate Defendants and to recover punitive damages. The L...

Bell v. N.D. Department of Transportation  
Date: May 17, 2012
Citation: 2012 ND 102
Docket Number: 20110201

Justia Opinion Summary: Petitioner-Appellant Cecil H. Bell appealed a district court judgment affirming a North Dakota Department of Transportation decision to revoke his driving privileges for one year. Petitioner argued he was denied his stat...

Estate of Boehm  
Date: May 17, 2012
Citation: 2012 ND 104
Docket Number: 20110212

Justia Opinion Summary: Petitioner-Appellant Donna Kraft, the personal representative for the estate of Emma Boehm, appeals a trial court's order recognizing Interested Party-Appellee Alicia Rae Ramos as a devisee under the estate of Emma Boehm...

State v. Sandoval
Date: May 17, 2012
Citation: 2012 ND 95
Docket Number: 20110300
Matter of C.S.
Date: May 17, 2012
Citation: 2012 ND 94
Docket Number: 20110302
Parizek v. Parizek  
Date: May 17, 2012
Citation: 2012 ND 103
Docket Number: 20110329

Justia Opinion Summary: Plaintiff-Appellant Ronald Parizek appealed a district court order that affirmed an administrative enforcement action which placed a lien on his personal property held by the Department of Corrections and Rehabilitation....

Matter of Richardson
Date: May 17, 2012
Citation: 2012 ND 93
Docket Number: 20110330
Palmer v. North Dakota  
Date: May 17, 2012
Citation: 2012 ND 98
Docket Number: 20110344

Justia Opinion Summary: Petitioner-Appellant Mark Palmer appealed a district court's order that denied his motion for relief for post-conviction relief. In 2001, Petitioner was convicted of four counts of gross sexual imposition. He appealed, a...

Dorothy J. Pierce Family Mineral Trust v. Jorgenson  
Date: May 17, 2012
Citation: 2012 ND 100
Docket Number: 20110355

Justia Opinion Summary: The Dorothy J. Pierce Family Mineral Trust appealed a judgment that dismissed the Trust's claim against Richard and Brenda Jorgenson for reformation of two warranty deeds. Because the parties' claims to quiet title in th...

Wilson v. State
Date: May 17, 2012
Citation: 2012 ND 96
Docket Numbers: 20110362, 20110363
Kooser v. North Dakota  
Date: May 17, 2012
Citation: 2012 ND 101
Docket Number: 20120058

Justia Opinion Summary: Petitioner-Appellant Douglas Kooser appealed a district court's denial of his application for post-conviction relief. Petitioner argued the district court erred by denying his request to withdraw his "Alford" plea and by...

Disciplinary Board v. Tollefson
Date: May 14, 2012
Citation: 2012 ND 92
Docket Numbers: 20120130, 20120131, 20120132
Pifer v. McDermott  
Date: May 4, 2012
Citation: 2012 ND 90
Docket Number: 20110287

Justia Opinion Summary: Defendant-Appellee Barbara McDermott appealed a district court's grant of partial summary judgment in favor of Plaintiff-Appellee Kevin Pifer when the court concluded that Defendant's mother Dorothy Bevan, validly gifted...

Come Big or Stay Home, LLC v. EOG Resources, Inc.  
Date: May 4, 2012
Citation: 2012 ND 91
Docket Number: 20110305

Justia Opinion Summary: Come Big or Stay Home, LLC (CBSH) appealed the grant of summary judgment in favor of EOG Resources, Inc. dismissing its claims for refusing to provide it with oil and gas well information unless CBSH agreed to not disclo...

Lynch v. The New Public School District No. 8  
Date: May 3, 2012
Citation: 2012 ND 88
Docket Number: 20110109

Justia Opinion Summary: Plaintiff-Appellant Danni Lynch appealed a district court's grant of summary judgment dismissing her action against The New Public School District No. 8 for breach of contract, damage to professional reputation, intentio...

Vining v. Renton  
Date: May 3, 2012
Citation: 2012 ND 86
Docket Number: 20110233

Justia Opinion Summary: Plaintiff-Appellant Ashley Vining appealed a district court amended judgment that granted Defendant-Appellee Michael Renton's motion to modify primary residential responsibility for their child. Appellee argued the distr...

Johnson v. WSI  
Date: May 3, 2012
Citation: 2012 ND 87
Docket Number: 20110262

Justia Opinion Summary: Appellant Robert Johnson appealed a district court's judgment affirming an administrative law judge's (ALJ) decision that North Dakota Workforce Safety Insurance (WSI) was not liable for his right shoulder condition, and...

Tibor v. State
Date: May 3, 2012
Citation: 2012 ND 84
Docket Number: 20110313
Raymond J. German, Ltd. v. Brossart  
Date: May 3, 2012
Citation: 2012 ND 89
Docket Number: 20110338

Justia Opinion Summary: Defendant-Appellant Rodney Brossart appealed a default judgment entered against him in a collection action brought by Plaintiff-Appellee Raymond J. German, Ltd. for legal services allegedly rendered to him. On appeal, Ap...

Harmon v. State
Date: May 3, 2012
Citation: 2012 ND 83
Docket Number: 20110343
Pelzl v. State
Date: May 3, 2012
Citation: 2012 ND 85
Docket Number: 20110364
Willard v. Allstate Ins. Co.
Date: April 18, 2012
Citation: 2012 ND 82
Docket Number: 20110314
Tibert v. Nodak Mutual  
Date: April 12, 2012
Citation: 2012 ND 81
Docket Number: 20110143

Justia Opinion Summary: Plaintiffs-Appellants Mark Tibert, Melvin Tibert, Sue Tibert, and William Tibert appealed a district court judgment that dismissed their declaratory judgment action against Nodak Mutual Insurance Company. Mark, Melvin, a...

Hector v. City of Fargo  
Date: April 10, 2012
Citation: 2012 ND 80
Docket Number: 20110187

Justia Opinion Summary: Petitioner Fred M. Hector, Jr. appealed a district court judgment that affirmed the Fargo Board of City Commissioners' decision to approve special assessments against his property. In his appeal to the district court, Pe...

Morris v. Moller  
Date: April 10, 2012
Citation: 2012 ND 74
Docket Number: 20110196

Justia Opinion Summary: Lance Morris appealed a district court judgment awarding Ceisha Moller primary residential responsibility of the parties' two children. Morris and Moller were not married but lived together from the latter part of 2004 t...

Northern Excavating v. Sisters of Mary of the Presentation  
Date: April 10, 2012
Citation: 2012 ND 78
Docket Number: 20110209

Justia Opinion Summary: Sisters of Mary of the Presentation Long Term Care, d/b/a Ave Maria Village ("Sisters of Mary"), appealed, and Northern Excavating Co., Inc. ("Northern") cross-appealed a trial court's judgment awarding Northern $81,694....

Dakota Resource Council v. N.D. Public Service Comm'n  
Date: April 10, 2012
Citation: 2012 ND 72
Docket Number: 20110226

Justia Opinion Summary: The Dakota Resource Council (DRC) appealed a district court judgment that affirmed a North Dakota Public Service Commission (PSC) order. DRC argued: (1) the PSC's decision was not in accordance with the law; and, (2) the...

Fetzer v. Workforce Safety & Insurance  
Date: April 10, 2012
Citation: 2012 ND 73
Docket Number: 20110251

Justia Opinion Summary: Appellant Beverly Fetzer appealed a district court judgment that affirmed a Workforce Safety and Insurance (WSI) order denying her request for benefits. While walking down a hallway on her employer's premises and during...

Schock v. N.D. Department of Transportation  
Date: April 10, 2012
Citation: 2012 ND 77
Docket Number: 20110254

Justia Opinion Summary: Petitioner Paul Schock appealed a district court judgment that affirmed an administrative order suspending his driver's license for 180 days for driving a vehicle under the influence of intoxicating liquor. Upon review,...

North Dakota v. Alaniz  
Date: April 10, 2012
Citation: 2012 ND 76
Docket Number: 20110259

Justia Opinion Summary: Defendant Christian Antonio Alaniz, Jr., appealed an order deferring imposition of sentence entered after he conditionally pled guilty to possession of a controlled substance and possession of drug paraphernalia. Defenda...

M.M. v. Fargo Public School Dist. #1  
Date: April 10, 2012
Citation: 2012 ND 79
Docket Number: 20110260

Justia Opinion Summary: Petitioner Thomas Moore appealed a judgment that dismissed his claim for medical expenses incurred by his son, M.M., in their personal injury action against Fargo Public School District No. 1 and Eugenia Hart. In May 200...

State v. Mendez
Date: April 10, 2012
Citation: 2012 ND 69
Docket Number: 20110274
Holbach v. City of Minot
Date: April 10, 2012
Citation: 2012 ND 71
Docket Number: 20110276
State v. White
Date: April 10, 2012
Citation: 2012 ND 67
Docket Number: 20110288
North Dakota v. Morin  
Date: April 10, 2012
Citation: 2012 ND 75
Docket Number: 20110303

Justia Opinion Summary: Defendant Richard Morin appealed a criminal judgment that was based upon his conditional plea of guilty to simple assault on a peace officer. Defendant pled guilty after the district court denied his motion to suppress e...

Yellow v. State
Date: April 10, 2012
Citation: 2012 ND 66
Docket Numbers: 20110309, 20110310
Rudolph v. N.D. Department of Transportation
Date: April 10, 2012
Citation: 2012 ND 65
Docket Number: 20110334
Guardianship/Conservatorship of D.F.S.
Date: April 10, 2012
Citation: 2012 ND 68
Docket Number: 20110335
Adoption of K.R.H.N.
Date: April 10, 2012
Citation: 2012 ND 70
Docket Number: 20120139
N.D. State Board of Higher Education v. Jaeger  
Date: April 3, 2012
Citation: 2012 ND 64
Docket Number: 20120112

Justia Opinion Summary: The North Dakota Attorney General, representing the State Board of Higher Education, petitioned the Supreme Court to exercise its original jurisdiction and enjoin Secretary of State from placing a referendum measure on t...

Judicial Vacancy in Judgeship No. 3, Southwest Judicial District
Date: March 22, 2012
Citation: 2012 ND 61
Docket Number: 20120089
Weeks v. Geiermann  
Date: March 21, 2012
Citation: 2012 ND 63
Docket Number: 20110156

Justia Opinion Summary: Plaintiff-Appellant Sean Weeks appealed a summary judgment that dismissed his claims against Michael Geiermann and Collection Center, Inc. (collectively "Collection Center") for violations of the Fair Debt Collection Pra...

In the matter of the Estate of Harms  
Date: March 19, 2012
Citation: 2012 ND 62
Docket Number: 20110165

Justia Opinion Summary: Petitioner-Appellant William McNamara appealed a district court order distributing the undistributed assets of the estate of Edith Harms. The district court determined Edith Harms' will required the undistributed assets...

Benson v. SRT Communications, Inc.  
Date: March 15, 2012
Citation: 2012 ND 58
Docket Number: 20110164

Justia Opinion Summary: Richard and Elaine Benson, Bill and Mary Bliven, Don and Annette Feist, Pat Lynch, and Lloyd and Donna Tribitt ("Bensons") appealed the grant of summary judgment that dismissed their claim that SRT Communications, Inc.,w...

Arndt v. Maki  
Date: March 15, 2012
Citation: 2012 ND 55
Docket Number: 20110191

Justia Opinion Summary: Appellants Angeline Maki and other relatives of Richard Arndt (collectively "Maki defendants") appealed a judgment that declared that Appellee Richard Arndt and others (collectively "Arndt plaintiffs") were the owners of...

Mills v. City of Grand Forks  
Date: March 15, 2012
Citation: 2012 ND 56
Docket Number: 20110193

Justia Opinion Summary: Plaintiff Bruce Roger Mills, individually and on behalf of those similarly situated, appealed a judgment that dismissed his claims against the City of Grand Forks to recover the amount of fines and fees collected in the...

Perius v. Nodak Mutual Ins. Co.  
Date: March 15, 2012
Citation: 2012 ND 54
Docket Number: 20110205

Justia Opinion Summary: Plaintiff-Appellant Allen Perius appealed a district court judgment following a jury verdict in favor of Appellee Nodak Mutual Insurance Company. In 2004, Plaintiff was involved in a motor vehicle accident with an uninsu...

Gonzalez v. Witzke  
Date: March 15, 2012
Citation: 2012 ND 60
Docket Number: 20110221

Justia Opinion Summary: Respondent-Appellant John Witzke appealed the district court's order granting a petition by Petitioner-Appellee Ania Gonzalez a two-year disorderly conduct restraining order against him. Witzke and Gonzalez were neighbor...

State v. Pack
Date: March 15, 2012
Citations: 2012 ND 48, 809 N.W.2d 833
Docket Numbers: 20110235, 20110237
City of Bismarck v. McCormick  
Date: March 15, 2012
Citation: 2012 ND 53
Docket Number: 20110239

Justia Opinion Summary: The City of Bismarck appealed from a district court order granting Defendant Daniel J. McCormick's post-trial motion for a judgment of acquittal. In 2010, Defendant was charged with driving under the influence in violati...

State v. Ramirez
Date: March 15, 2012
Citations: 2012 ND 51, 809 N.W.2d 833
Docket Number: 20110255
State v. Mendez
Date: March 15, 2012
Citations: 2012 ND 47, 809 N.W.2d 833
Docket Number: 20110273
Interest of I.D.
Date: March 15, 2012
Citations: 2012 ND 49, 809 N.W.2d 833
Docket Number: 20110275
Tronnes v. Job Service  
Date: March 15, 2012
Citation: 2012 ND 57
Docket Number: 20110280

Justia Opinion Summary: Appellant Valerie Joy Tronnes appealed a judgment that affirmed the Job Service of North Dakota's decision to deny her claim for unemployment benefits. In 2002, Appellant began working part-time at the Wal-Mart Vision Ce...

North Dakota v. Montano  
Date: March 15, 2012
Citation: 2012 ND 59
Docket Number: 20110281

Justia Opinion Summary: Defendant-Appellant Gregorio Montano appealed his conviction after a jury found him guilty of possessing marijuana with the intent to deliver, and for delivery of marijuana. Defendant argued on appeal that the Supreme Co...

State v. Carpenter
Date: March 15, 2012
Citations: 2012 ND 46, 809 N.W.2d 833
Docket Number: 20110283
Addai v. State
Date: March 15, 2012
Citations: 2012 ND 50, 809 N.W.2d 833
Docket Number: 20110318
Interest of A.N.P.
Date: March 15, 2012
Citations: 2012 ND 52, 809 N.W.2d 833
Docket Number: 20120004
Estate of Camas  
Date: February 28, 2012
Citation: 2012 ND 45
Docket Number: 20110217

Justia Opinion Summary: Petitioner-Appellant Sherry Jensen (formerly known as Sherry Nesemeier), appealed a district court order that denied her motion to construe the phrase "personal property" in her father Eugene Camas's will to include tang...

Erickson v. Brown  
Date: February 27, 2012
Citation: 2012 ND 43
Docket Number: 20110144

Justia Opinion Summary: Appellant Richard Dregseth appealed a district court's judgment that dismissed his equitable claims against Appellee Randy Brown. Appellant argued that the district court erred in failing to make findings of fact, failed...

Haroldson v. Haroldson  
Date: February 27, 2012
Citation: 2012 ND 44
Docket Number: 20110149

Justia Opinion Summary: Marty Haroldson appealed and Heidi Haroldson (now known as Heidi Klein) cross-appealed an amended judgment modifying their stipulated divorce judgment. The district court denied the parties' cross-motions to modify prima...

Hangsleben v. Halverson
Date: February 23, 2012
Citation: 2012 ND 42
Docket Number: 20110211
Troxel v. N.D. Department of Transportation
Date: February 22, 2012
Citation: 2012 ND 41
Docket Number: 20110295
Estate of Paulson  
Date: February 21, 2012
Citation: 2012 ND 40
Docket Number: 20110154

Justia Opinion Summary: Lee Paulson's mother and siblings appealed a district court's orders that interpreted his will in favor of his fiancee, Robyn Risovi, denied a motion for reconsideration, and order distribution of his estate. Lee Paulson...

Estate of Wicklund  
Date: February 17, 2012
Citation: 2012 ND 29
Docket Number: 20110081

Justia Opinion Summary: Respondents-Appellants Brian Wicklund and Deborah Williams, the surviving children of Maurice Wicklund, appealed an order that granted a petition by Maurice Wicklund's surviving spouse, Petitioner-Appellee Betty Wicklund...

Interest of T.H.  
Date: February 17, 2012
Citation: 2012 ND 38
Docket Number: 20110084

Justia Opinion Summary: K.H. appealed juvenile court order that extended the placement of his daughter T.H. in the custody and control of Barnes County Social Services and an order that denied his motion to dismiss. On appeal, K.H. argued the...

North Dakota v. Doll  
Date: February 17, 2012
Citation: 2012 ND 32
Docket Number: 20110097

Justia Opinion Summary: Defendant-Appellant Macintosh Doll appealed a district court's judgment after a jury found him guilty of gross sexual imposition. On appeal, Defendant argued: (1) he did not receive a fair trial because he was tried with...

Estate of Clemetson  
Date: February 17, 2012
Citation: 2012 ND 28
Docket Number: 20110108

Justia Opinion Summary: Petitioner-Appellant Philip Sprague appealed an order that denied his petition for formal probate of a will allegedly executed by Harriet O. Clemetson. Because the Supreme Court concluded the district court correctly app...

Bendish v. Castillo  
Date: February 17, 2012
Citation: 2012 ND 30
Docket Number: 20110122

Justia Opinion Summary: Appellants Cendak Development Corporation and Fort Rice Bar & Grill, Inc. (Cendak), appealed a judgment entered in favor of Plaintiffs-Appellees Richard and Mary Bendish, which cancelled the Bendishes' contract for deed...

Gadeco v. Industrial Commission  
Date: February 17, 2012
Citation: 2012 ND 33
Docket Number: 20110131

Justia Opinion Summary: The Industrial Commission and Slawson Exploration Company appealed a district court judgment that reversed the Commission's assessment of a risk penalty against Gadeco, LLC. The issue in this case arose from a challenge...

Seibold v. Leverington  
Date: February 17, 2012
Citation: 2012 ND 25
Docket Number: 20110152

Justia Opinion Summary: Plaintiff-Appellant Maria Seibold appealed a district court order that denied her motions for a second amended judgment and to hold Defendant-Appellee Paul Leverington in contempt and denied her request for a hearing on...

Rickert v. Dakota Sanitation Plus  
Date: February 17, 2012
Citation: 2012 ND 37
Docket Number: 20110158

Justia Opinion Summary: Defendants-Appellants Dakota Sanitation Plus, Inc. (DSP) and Peggy Becker appealed a district court judgment that awarded Plaintiff-Appellee Mark Rickert the value of his shares in DSP at the time the corporation was dis...

Johnson v. N.D. Workforce Safety and Insurance  
Date: February 17, 2012
Citation: 2012 ND 27
Docket Number: 20110159

Justia Opinion Summary: Appellant Edith Johnson appealed a district court judgment that affirmed an administrative law judge's (ALJ) order dismissing her claim for benefits from Workforce Safety and Insurance (WSI). On appeal, Appellant argued...

State v. Bruederle
Date: February 17, 2012
Citation: 2012 ND 26
Docket Numbers: 20110179, 20110180
Langowski v. Altendorf  
Date: February 17, 2012
Citation: 2012 ND 34
Docket Number: 20110184

Justia Opinion Summary: Plaintiff-Appellant Kara Lynn Langowski appeals from a summary judgment dismissing with prejudice her negligence action against Defendant-Appellee Charlene Altendorf. In her complaint, Plaintiff alleged Defendant struck...

Baesler v. N.D. Department of Transportation  
Date: February 17, 2012
Citation: 2012 ND 39
Docket Number: 20110202

Justia Opinion Summary: Plaintiff-Appellant Wade Baesler appealed a district court's judgment that affirmed a Department of Transportation order suspending his driving privileges for 180 days. Because the Department failed to transmit a record...

Horsted v. Horsted  
Date: February 17, 2012
Citation: 2012 ND 24
Docket Number: 20110206

Justia Opinion Summary: Theresa Horsted appealed a district court order, divorce judgment, and amended divorce judgment that awarded Christopher Horsted joint decision-making responsibility and visitation with the parties' daughter and dividing...

Johnson v. Johnson  
Date: February 17, 2012
Citation: 2012 ND 31
Docket Number: 20110213

Justia Opinion Summary: Plaintiff-Appellant Bethany Johnson appealed an amended judgment that modified a California divorce judgment regarding custody of three children and awarded Defendant-Appellee Keith Johnson primary residential responsibi...

Frison v. Ohlhauser  
Date: February 17, 2012
Citation: 2012 ND 35
Docket Number: 20110224

Justia Opinion Summary: Plaintiff-Appellant Charles Frison appealed a district court's order that denied his motion to amend its judgment. He sought to modify the residential responsibility of his minor child he had with Defendant-Appellee Stac...

State v. Bruederle
Date: February 17, 2012
Citation: 2012 ND 23
Docket Number: 20110245
State v. Marsette
Date: February 17, 2012
Citation: 2012 ND 22
Docket Number: 20110285
Osaba v. N.D. Department of Transportation  
Date: February 17, 2012
Citation: 2012 ND 36
Docket Number: 20110297

Justia Opinion Summary: Plaintiff-Appellant Christopher Osaba appealed a district court judgment that affirmed the administrative revocation of his driving privileges for one year following his arrest for driving under the influence (DUI). Upon...

Myaer v. Nodak Mutual Insurance Co.  
Date: February 10, 2012
Citation: 2012 ND 21
Docket Number: 20110153

Justia Opinion Summary: Defendant-Appellant Nodak Mutual Insurance Company appealed from a judgment awarding Plaintiff-Appellee Barry Myaer $34,933.24 plus interest in his breach of contract action against Nodak. Upon review, the Supreme Court...

McKenzie Co. v. Reichman  
Date: January 24, 2012
Citation: 2012 ND 20
Docket Number: 20110037

Justia Opinion Summary: Defendant-Appellant Deborah Reichman appealed a judgment that granted Plaintiff-Appellee McKenzie County a prescriptive easement for a road that crosses her land in McKenzie County and dismissed her counterclaim for inve...

Koenig v. N.D. Dept. of Transportation  
Date: January 18, 2012
Citation: 2012 ND 18
Docket Number: 20110249

Justia Opinion Summary: Petitioner-Appellant Spence Koenig appealed a district court's judgment that affirmed the Department of Transportation's decision to suspend his driving privileges for ninety-one days. Petitioner was pulled over by a sta...

Judicial Conduct Commission v. Hagar  
Date: January 18, 2012
Citation: 2012 ND 19
Docket Number: 20110331

Justia Opinion Summary: The Judicial Conduct Commission recommended that Northwest District Court judge Richard Hagar be censured for violating Canon 3(B)(1) of the Code of Judicial Conduct. In 2011, Judge Hagar was served formal charges for al...

North Dakota v. Evans  
Date: January 12, 2012
Citation: 2012 ND 10
Docket Number: 20110086

Justia Opinion Summary: Defendant Steven Evans appealed from a Kidder County district court order denying his motion to amend judgment, and from a Burleigh County district court order denying his motion for reconsideration of its order that den...

North Dakota v. Pena Garcia  
Date: January 12, 2012
Citation: 2012 ND 11
Docket Number: 20110090

Justia Opinion Summary: Defendant Jose Pena Garcia appealed his conviction by jury of actual physical control. Defendant argued he was denied due process because the State engaged in prosecutorial misconduct when the prosecutor read case law to...

North Dakota v. Hayes  
Date: January 12, 2012
Citation: 2012 ND 9
Docket Number: 20110098

Justia Opinion Summary: As a condition of bail, the district court required Defendant Anna Hayes to consent to a warrantless search at any time of her person, vehicle, and residence. Concluding the bail condition was invalid under N.D.R.Crim.P....

Holkesvig v. Welte  
Date: January 12, 2012
Citation: 2012 ND 14
Docket Number: 20110102

Justia Opinion Summary: Plaintiff-Appellant Randy Holkesvig appealed an order that found him in contempt for failing to obey a court order and awarding Defendants-Appellees Peter Welte, Meredith Larson and Chris Smith $1,000 as a remedial sanct...

Estate of Hollingsworth  
Date: January 12, 2012
Citation: 2012 ND 16
Docket Number: 20110141

Justia Opinion Summary: Petitioner-Appellant Lyle Hollingsworth, as personal representative of the Estate of Audrey Hollingsworth, appeals from a district court judgment determining the distribution of insurance proceeds. Jerry Hollingsworth, P...

Lenton v. Lenton
Date: January 12, 2012
Citation: 2012 ND 4
Docket Number: 20110192
American Family Insurance v. Waupaca Elevator Co.  
Date: January 12, 2012
Citation: 2012 ND 13
Docket Number: 20110198

Justia Opinion Summary: American Family Insurance, Prairie West Apartments I, and Valley Rental Service, Inc., appealed a judgment that dismissed with prejudice negligence and strict liability claims against Waupaca Elevator Company, Inc., on t...

State v. DeFries
Date: January 12, 2012
Citation: 2012 ND 7
Docket Number: 20110214
Thompson v. Thompson  
Date: January 12, 2012
Citation: 2012 ND 15
Docket Number: 20110215

Justia Opinion Summary: Amanda Thompson Wetch (formerly known as Amanda Thompson) appealed an order that denied her motion to amend the second amended judgment granting Scott Thompson sole physical custody of the parties' two minor children dur...

Mosbrucker v. State
Date: January 12, 2012
Citation: 2012 ND 3
Docket Number: 20110219
Lindteigen v. Harris
Date: January 12, 2012
Citation: 2012 ND 1
Docket Number: 20110222
Milliron v. State
Date: January 12, 2012
Citation: 2012 ND 2
Docket Number: 20110223
State v. Swearingen
Date: January 12, 2012
Citation: 2012 ND 6
Docket Number: 20110227
Matter of Bartole
Date: January 12, 2012
Citation: 2012 ND 8
Docket Number: 20110243
Harris v. WSI
Date: January 12, 2012
Citation: 2012 ND 5
Docket Number: 20110244
Interest of W.J.C.A.  
Date: January 12, 2012
Citation: 2012 ND 12
Docket Number: 20110361

Justia Opinion Summary: "W.J.C.A." appealed district court orders for involuntary mental health treatment and medication. The orders committed W.J.C.A. to the North Dakota State Hospital for up to ninety days and allowed the State Hospital to t...

Interest of G.K.S.  
Date: January 12, 2012
Citation: 2012 ND 17
Docket Number: 20110367

Justia Opinion Summary: "G.K.S." appealed a district court order finding G.K.S. chemically dependent and a person requiring treatment and that ordered him to undergo treatment at the North Dakota State Hospital for up to 90 days. Upon review, t...

The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.