North Dakota Supreme Court Decisions 2015
Date: December 31, 2015
Citation: 2015 ND 303
Docket Number: 20150116
Justia Opinion Summary: Connie Welker and Vicki Ostrem appealed the grant of summary judgment quieting title to certain Mountrail County mineral interests. Ross Markgraf and Shanahan alleged W.J. Hannah owned 100% of the surface and minerals…
Date: December 29, 2015
Citation: 2015 ND 302
Docket Number: 20150057
Justia Opinion Summary: Arrow Midstream Holdings, LLC and Arrow Pipeline, LLC (collectively "Arrow") appealed, and Tesla Enterprises, LLC ("Tesla") cross-appealed, a judgment dismissing without prejudice for lack of jurisdiction its action…
Date: December 22, 2015
Citation: 2015 ND 296
Docket Number: 20150037
Justia Opinion Summary: Marcus Chatman appealed after a jury found him guilty of possession of heroin with intent to deliver, possession of cocaine, and possession of marijuana by a driver. Chatman argued the district court should have…
Date: December 22, 2015
Citation: 2015 ND 297
Docket Number: 20150042
Justia Opinion Summary: Adrian Williams appealed after a jury found him guilty of possession of drug paraphernalia, possession of a controlled substance, and two counts of possession of a controlled substance with intent to deliver. Williams…
Date: December 22, 2015
Citation: 2015 ND 295
Docket Number: 20150147
Justia Opinion Summary: Maurice Thill appealed a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. Thill argued that the district court's order was not supported by clear and…
Date: December 22, 2015
Citation: 2015 ND 299
Docket Number: 20150149
Justia Opinion Summary: During a patrol, a Jamestown police officer encountered a vehicle parked along a residential street with its door ajar. Upon approaching the vehicle, the officer discovered appellee Casey Washburn asleep in the driver's…
Date: December 22, 2015
Citation: 2015 ND 300
Docket Number: 20150199
Justia Opinion Summary: In January 2010, Kory Clark received a telephone call around 3 a.m. from his brother asking for assistance with his pickup, which was stuck in a snowdrift. According to Clark's deposition, after the brothers were unable…
Date: December 22, 2015
Citation: 2015 ND 298
Docket Number: 20150200
Justia Opinion Summary: In 2014, appellee Neil Bayles was arrested and charged with driving under the influence. He timely requested an administrative hearing, at the conclusion of which, an administrative hearing officer suspended Bayles'…
Date: December 22, 2015
Citation: 2015 ND 301
Docket Numbers: 20150212, 20150213
Justia Opinion Summary: In 2013, George Nelson and his wife were charged with theft of property and contracting without a license after the couple contracted with numerous individuals to construct buildings that were never completed. Nelson…
Date: December 11, 2015
Citation: 2015 ND 288
Docket Number: 20150342
Date: December 7, 2015
Citation: 2015 ND 285
Docket Number: 20150103
Justia Opinion Summary: Blume Construction, Inc. appealed a district court judgment affirming a Job Service North Dakota decision, finding Blume did not file a valid appeal and the agency's determination assigning Blume a final penalty tax…
Date: December 7, 2015
Citation: 2015 ND 287
Docket Number: 20150106
Justia Opinion Summary: Nathaniel Fleck and Alma Bergmann as trustees of the George J. Fleck Trust ("Fleck") appealed the grant of summary judgment quieting title to an oil and gas lease in favor of Missouri River Royalty Corp., Exxon Mobil…
Date: December 7, 2015
Citation: 2015 ND 284
Docket Number: 20150107
Justia Opinion Summary: Jon Norberg appealed a district court judgment allowing his former parents-in-law, Robert and Cheri Knorr, to buy back certain real property under an alleged oral lease. He argued the district court erred in concluding…
Date: December 2, 2015
Citation: 2015 ND 283
Docket Number: 20150096
Justia Opinion Summary: Daryl Hennings appealed a criminal judgment finding him guilty of operating a vehicle while under the influence of alcohol. Deputy Sheriff Thom was dispatched to investigate a complaint dirt-bikes were being driven at…
Date: December 1, 2015
Citation: 2015 ND 270
Docket Number: 20140412
Justia Opinion Summary: Shawn and LaRinda Weigel were married in 1996 and had two children together. At the time of trial, he was 43 years old and she was 42. During the marriage, he worked as an account representative for The Computer Store in…
Date: December 1, 2015
Citation: 2015 ND 281
Docket Number: 20140441
Justia Opinion Summary: Clinton Walker appealed a criminal judgment entered upon his conditional plea of guilty for possession of marijuana and tetrahydrocannabinols with intent to deliver. Walker pled guilty after the district court denied his…
Date: December 1, 2015
Citation: 2015 ND 277
Docket Number: 20140451
Justia Opinion Summary: In November 2012, the Sargent County Water Resource District filed a declaratory action regarding the ownership and control of property in Sargent County, including all property located south of the north boundary of…
Date: December 1, 2015
Citation: 2015 ND 280
Docket Number: 20140471
Justia Opinion Summary: Tyler Asbach appealed a judgment entered after he conditionally pled guilty to a drug-related offense, reserving the right to challenge the denial of his motion to suppress evidence. On April 30, 2014, Asbach was stopped…
Date: December 1, 2015
Citation: 2015 ND 268
Docket Number: 20150006
Justia Opinion Summary: Zachary Johnson and Margie Johnson contracted with Buskohl Construction Inc. as a general contractor to oversee the construction of their new house. John Buskohl was the sole shareholder, officer, and director of Buskohl…
Date: December 1, 2015
Citation: 2015 ND 274
Docket Number: 20150047
Justia Opinion Summary: Between May 2002 and September 2004, David Robb received multiple loans from his mother, Ruby Robb. On September 13, 2004, Ruby Robb created a living trust identified as the Ruby M. Robb Living Trust ("Trust"), and she…
Date: December 1, 2015
Citation: 2015 ND 269
Docket Number: 20150049
Justia Opinion Summary: The parties Kim Anderson and Biron Baker have a child together, born in 2010. Under a stipulated judgment entered in June 2011, Baker was required to provide health insurance for the child or reimburse Anderson for her…
Date: December 1, 2015
Citation: 2015 ND 275
Docket Number: 20150083
Justia Opinion Summary: Lori Yahna appealed from a summary judgment dismissing her complaint against Altru Health System for age discrimination and for wrongful termination of employment. In 1984, Yahna began working for the Grand Forks Clinic,…
Date: December 1, 2015
Citation: 2015 ND 271
Docket Number: 20150090
Justia Opinion Summary: A McLean County Sheriff's Deputy pulled defendant-appellant Robert Gackle over after the deputy observed Gackle speeding. The deputy noticed Gackle appeared intoxicated and asked Gackle for permission to search his…
Date: December 1, 2015
Citation: 2015 ND 279
Docket Number: 20150099
Justia Opinion Summary: Petitioner-appellant Rodney Chisholm was convicted by jury of murder in 2011. He appealed a district court order denying his application for post-conviction relief requesting a new trial, arguing the district court erred…
Date: December 1, 2015
Citation: 2015 ND 276
Docket Number: 20150109
Justia Opinion Summary: The parties Erek Bye and Amanda Robinette are the parents of twin boys. The couple never married, but they moved in together after Robinette gave birth. Their relationship deteriorated and Bye sued for custody of the…
Date: December 1, 2015
Citation: 2015 ND 267
Docket Number: 20150117
Justia Opinion Summary: In October 2014, two of M.E.'s children, N.P. and M.N., petitioned the district court for a temporary (emergency) guardianship and conservatorship. The petition alleged M.E. was in need of a guardian after falling victim…
Date: December 1, 2015
Citation: 2015 ND 272
Docket Number: 20150161
Justia Opinion Summary: Plaintiff-appellant Timothy Huether contracted with Nodak Mutual to provide insurance coverage for his house, buildings and structures on his farm. The coverage was under Nodak Mutual's Farm and Ranch Policy. The Farm…
Date: December 1, 2015
Citation: 2015 ND 278
Docket Number: 20150163
Justia Opinion Summary: Defendant Gino Acker drove Beau Johnson home after Acker and Johnson had been visiting bars in downtown Fargo. While driving to Johnson's residence, the two began to argue about Johnson smoking in Acker's vehicle. Acker…
Date: December 1, 2015
Citation: 2015 ND 273
Docket Number: 20150179
Justia Opinion Summary: Christopher Williamson appealed a district court order affirming the Department of Transportation hearing officer's decision to suspend his driving privileges for two years. Officer Travis Martinson stopped Williamson…
Date: October 19, 2015
Citation: 2015 ND 255
Docket Number: 20150091
Justia Opinion Summary: James Leno appealed a Department of Transportation decision to suspend his driving privileges for 91 days. Because the Supreme Court concluded the arresting officer's testimony sufficiently established he performed the…
Date: October 14, 2015
Citation: 2015 ND 254
Docket Number: 20140342
Justia Opinion Summary: Six months after the divorce judgment giving Jason Capes primary residential responsibility, Jennifer Capes (now Novak), filed for substantial changes in parenting time and decision-making authority, which were granted…
Date: October 13, 2015
Citation: 2015 ND 248
Docket Number: 20140426
Justia Opinion Summary: Michelle Tidd appeals from a judgment entered on a jury verdict dismissing her negligence action against Scott Kroshus arising out of a collision between Tidd's bike and Kroshus' car. Tidd was riding her bike on a…
Date: October 13, 2015
Citation: 2015 ND 252
Docket Number: 20140463
Justia Opinion Summary: Kara and Kent Poppe appealed a district court summary judgment dismissing their conversion claim. The Poppes rented a house from Pamela Hillis for five years, until February 4, 2013 when Hillis served them with an…
Date: October 13, 2015
Citation: 2015 ND 249
Docket Number: 20150005
Justia Opinion Summary: A jury found Jason Hanson guilty of driving under the influence of alcohol. He appealed the judgment and the district court's denial of his motion for a new trial. Finding no reversible error, the Supreme Court affirmed…
Date: October 13, 2015
Citation: 2015 ND 247
Docket Number: 20150043
Justia Opinion Summary: In December 2012, P.M., the son of V.A.M., petitioned for the appointment of a guardian and conservator for his father. V.A.M. was 81 years old at the time of the petition; he had seven children. A guardian ad litem…
Date: October 13, 2015
Citation: 2015 ND 253
Docket Number: 20150046
Justia Opinion Summary: The last will and testament of Donald Amundson provided for his entire estate to be distributed to the Donald G. Amundson Trust. The Trust owned farmland jointly with the Kenneth Amundson Trust, which was set up by…
Date: October 13, 2015
Citation: 2015 ND 251
Docket Number: 20150108
Justia Opinion Summary: Larry Gronland and Linda Gronland (now Coleman), married in 1971 and divorced in 1994. The district court originally awarded Linda Gronland spousal support in the amount of $1,000 per month until her death, remarriage,…
Date: October 13, 2015
Citation: 2015 ND 250
Docket Number: 20150131
Justia Opinion Summary: Patricia Olson appealed a judgment affirming a decision of the Department of Transportation to suspend her driving privileges for two years. Because the Supreme Court concluded the Report and Notice form was sufficient…
Date: September 21, 2015
Citation: 2015 ND 238
Docket Number: 20140264
Justia Opinion Summary: Irish Oil & Gas, Inc. was an oil and gas exploration, production, and brokerage company. Border Resources, LLC provided landman services to clients, including acquiring leases, performing due diligence, and providing…
Date: September 17, 2015
Citation: 2015 ND 232
Docket Number: 20140380
Justia Opinion Summary: Rocky Norby appealed, and the Estate of Kuykendall and others cross-appealed, a judgment quieting title to certain McKenzie County property in James Kuykendall and dismissing Norby's action to eject Kuykendall from the…
Date: September 17, 2015
Citation: 2015 ND 229
Docket Number: 20140403
Justia Opinion Summary: Damon Grigg appealed a district court order denying his motion to modify primary residential responsibility. Grigg and Dusty Lemke (formerly Grigg) were divorced in 2010. The district court awarded primary residential…
Date: September 17, 2015
Citation: 2015 ND 230
Docket Number: 20140407
Justia Opinion Summary: Edward Morales appealed a judgment entered upon a conditional guilty plea to causing death while operating a vehicle under the influence of alcohol, reserving his right to appeal the denial of his motion to suppress the…
Date: September 17, 2015
Citation: 2015 ND 228
Docket Number: 20140438
Justia Opinion Summary: Brandon Keller appealed a district court order dismissing his application for post-conviction relief. Keller argued his conspiracy to commit murder and attempted murder convictions were illegal because N.D.C.C. sections…
Date: September 17, 2015
Citation: 2015 ND 236
Docket Number: 20140449
Justia Opinion Summary: In 2012, Mary Ann Klein brought an action for divorce. Wesley Klein and Mary Ann Klein were married for 31 years and had nine children together, three of whom were still minors. Mary Ann was 52 and Wesley was 53 years of…
Date: September 17, 2015
Citation: 2015 ND 237
Docket Number: 20140459
Justia Opinion Summary: In 2013, a motorcycle stopped at an intersection in Fargo was struck from behind by a pickup driven by Steven Montplaisir. A Fargo police officer was also stopped at the intersection and observed the victim jumping…
Date: September 17, 2015
Citation: 2015 ND 234
Docket Number: 20150010
Justia Opinion Summary: In 2013, Lorry Chase was charged with one count of gross sexual imposition against Jane Doe for an assault that occurred in 2007. At trial Jane Doe testified she knew Chase had been in jail. A medical professional's…
Date: September 17, 2015
Citation: 2015 ND 235
Docket Number: 20150035
Justia Opinion Summary: In July 2014, Chad Guttormson was stopped by a West Fargo Police Officer for an alleged traffic violation and was subsequently arrested and charged with driving under the influence and refusal to submit to an onsite…
Date: September 17, 2015
Citation: 2015 ND 231
Docket Number: 20150070
Justia Opinion Summary: John Greywind appealed a district court order denying his application for post-conviction relief and subsequent motion for reconsideration. Greywind previously pled guilty to committing robbery while in possession of a…
Date: September 17, 2015
Citation: 2015 ND 233
Docket Number: 20150175
Justia Opinion Summary: G.L. appealed a juvenile court order terminating his parental rights. He argued the juvenile court erred by declaring him in default, finding the conditions and causes of the child's deprivation were likely to continue,…
Date: September 4, 2015
Citation: 2015 ND 225
Docket Number: 20140347
Justia Opinion Summary: Greg Holverson sued Susan Lundberg to quiet title to a tract of land in Burleigh County, alleging he executed a contract for deed to purchase land from the Trust in 1978. He defaulted on payments under the contract for…
Date: September 1, 2015
Citation: 2015 ND 224
Docket Number: 20150225
Date: August 31, 2015
Citation: 2015 ND 223
Docket Number: 20140409
Justia Opinion Summary: In May 2014, Bureau of Criminal Investigation Special Agent Arnie Rummel applied for a search warrant for the Darrell Schrum Trucking Shop in Dickey County, claiming there was probable cause to believe a stolen New…
Date: August 31, 2015
Citation: 2015 ND 222
Docket Numbers: 20150219, 20150221
Date: August 26, 2015
Citation: 2015 ND 221
Docket Number: 20150160
Date: August 25, 2015
Citation: 2015 ND 216
Docket Number: 20140337
Justia Opinion Summary: Robert Hale, doing business as Bullwinkle Builders, Inc., ("Hale") appealed a district court order affirming a City of Minot Board of Appeals decision to affirm the denial of Hale's application for a building permit. In…
Date: August 25, 2015
Citation: 2015 ND 214
Docket Number: 20140338
Justia Opinion Summary: LaTanya Gabaldon, formerly known as LaTanya Gabaldon-Cochran, appealed a district court judgment granting her a divorce from Jeremy Cochran. Gabaldon argued the court's property distribution was not equitable, the court…
Date: August 25, 2015
Citation: 2015 ND 205
Docket Number: 20140346
Justia Opinion Summary: Calvin Anderson appealed a judgment affirming a Workforce Safety and Insurance ("WSI") decision approving a vocational rehabilitation plan. In January 2005, after slipping on an icy driveway and injuring his right…
Date: August 25, 2015
Citation: 2015 ND 211
Docket Number: 20140355
Justia Opinion Summary: A Watford City police officer, initiated a traffic stop of a vehicle for exceeding the speed limit. The driver of the vehicle could not produce any form of identification, proof of insurance, or registration, but…
Date: August 25, 2015
Citation: 2015 ND 212
Docket Number: 20140378
Justia Opinion Summary: Galen Rufus appealed a criminal judgment entered after a bench trial finding him guilty of human trafficking. Rufus responded to an advertisement posted on Craigslist under "personals > casual encounters" by a Ward…
Date: August 25, 2015
Citation: 2015 ND 219
Docket Number: 20140382
Justia Opinion Summary: The State filed an information charging Taylor Weight with insurance fraud, a class A felony, and criminal mischief, a class B felony, for allegedly setting fire to his parents' combine. At the preliminary hearing, the…
Date: August 25, 2015
Citation: 2015 ND 215
Docket Number: 20140387
Justia Opinion Summary: Laura Weed appeals from a judgment reforming a warranty deed and quieting title in a tract of land to Allan and Robin Freidig. In 2003, Weed hired David Hovendick, a registered land surveyor, to survey her house and a…
Date: August 25, 2015
Citation: 2015 ND 218
Docket Number: 20140430
Justia Opinion Summary: Darl Hehn appealed an order denying his petition for discharge from civil commitment as a sexually dangerous individual. In 1997, Hehn pleaded guilty to two counts of gross sexual imposition and one count of terrorizing.…
Date: August 25, 2015
Citation: 2015 ND 213
Docket Numbers: 20140432, 20140440
Justia Opinion Summary: James Weinmann, Jr. and Kayla Weinmann appealed a criminal judgment entered upon their conditional pleas of guilty to possession of methamphetamine, possession of a controlled substance (hashish), possession of a…
Date: August 25, 2015
Citation: 2015 ND 207
Docket Number: 20140448
Justia Opinion Summary: In November 2002, J.G. was initially committed as a sexually dangerous individual based on the crime of indecent exposure which occurred when he was 12 years old. J.G. has unsuccessfully petitioned for discharge numerous…
Date: August 25, 2015
Citation: 2015 ND 206
Docket Number: 20140455
Justia Opinion Summary: Nelson Whitetail, Sr. was committed as a sexually dangerous individual by court order on December 21, 2012. Whitetail appealed the commitment order, which the North Dakota Supreme Court affirmed. In 2014, Whitetail filed…
Date: August 25, 2015
Citation: 2015 ND 210
Docket Number: 20140458
Justia Opinion Summary: Prairie Supply, Inc. ("Prairie") sued Raymond Winter, doing business as Prairie Wood Products, in small claims court alleging Winter sold Prairie wood stakes that did not conform to samples provided to Prairie. Winter…
Date: August 25, 2015
Citation: 2015 ND 208
Docket Number: 20150001
Justia Opinion Summary: Brett Zacher appealed a district court order denying his motion to suppress evidence and from a criminal judgment entered after his conditional guilty plea to the charge of possession of a controlled substance. After…
Date: August 25, 2015
Citation: 2015 ND 209
Docket Number: 20150009
Justia Opinion Summary: Ronald Olson and Marlys Kjellberg appealed the grant of summary judgment dismissing their action for damages against Alerus Financial Corporation, Alerus Financial, National Association ("Alerus Entities") and Jayson…
Date: August 24, 2015
Citation: 2015 ND 204
Docket Number: 20140408
Justia Opinion Summary: Dale Sundley appealed a judgment quieting title to certain real property in favor of Larry and Janice Moody, and that dismissed Sundley's adverse possession counterclaim. Sundley argued the district court erred in…
Date: August 17, 2015
Citation: 2015 ND 202
Docket Number: 20150065
Justia Opinion Summary: Neal and Bonnie Messer owned a building located in close proximity to a building owned by Steve Forster and Daniel Krebs. An explosion occurred in the Forster/Krebs building and subsequently damaged the Messers'…
Date: August 13, 2015
Citation: 2015 ND 201
Docket Number: 20140405
Justia Opinion Summary: Joshua Clark and Theo Crowe were acquaintances and co-workers at a construction business in Bismarck. They were drinking together at Clark's apartment one evening in 2013. In an interview with law enforcement officers,…
Date: August 13, 2015
Citation: 2015 ND 200
Docket Number: 20150053
Justia Opinion Summary: Eric Johnson and others appealed the grant of summary judgment quieting title to certain Williams County mineral interests in Suzanne Shield and others. Shield and the other defendants (collectively "Shield") were…
Date: August 11, 2015
Citation: 2015 ND 199
Docket Number: 20140452
Justia Opinion Summary: BAHA Petroleum Consulting Corp. appealed a judgment affirming a decision by Job Service North Dakota that landmen performed services for BAHA as employees rather than independent contractors. Because Job Service's…
Date: August 6, 2015
Citation: 2015 ND 195
Docket Numbers: 20140186, 20140187
Justia Opinion Summary: Phyllis Yesel and Gloria Van Dyke ("Yesel") appealed the grant of summary judgment, concluding the abandoned mineral statutes did not apply to royalty interests, and alternatively, if the statutes did apply, the royalty…
Date: August 6, 2015
Citation: 2015 ND 197
Docket Number: 20140327
Justia Opinion Summary: Jonathan Kordonowy appealed after a jury found him guilty of refusal to submit to a chemical test. Kordonowy argued the criminal refusal statute was unconstitutional and the district court erred in refusing to give his…
Date: August 6, 2015
Citation: 2015 ND 194
Docket Number: 20140344
Justia Opinion Summary: Michael Filkowski appealed after a jury found him guilty of driving under the influence while operating a motor vehicle. Filkowski was stopped by a McKenzie County Deputy Sheriff for driving outside of the traffic lane.…
Date: August 6, 2015
Citation: 2015 ND 196
Docket Number: 20140410
Justia Opinion Summary: In 2014, a Fargo convenience store was robbed at gunpoint by two unknown persons. During the course of an unrelated narcotics investigation, Fargo police officers conducted a garbage pull outside a residence where drug…
Date: August 6, 2015
Citation: 2015 ND 193
Docket Number: 20140472
Justia Opinion Summary: In March 2013, the City of Dickinson charged Byishimo Etienne with simple assault domestic violence, alleging he violated Dickinson Municipal Code 25.08.010. Etienne personally appeared before the Dickinson municipal…
Date: August 5, 2015
Citation: 2015 ND 192
Docket Numbers: 20140368, 20140369
Justia Opinion Summary: A Grand Forks police officer stopped a vehicle after observing it screech to a halt at an intersection, causing a group of people to jump out of the crosswalk. The officer approached the vehicle and found…
Date: July 30, 2015
Citation: 2015 ND 190
Docket Numbers: 20140354, 20140357
Justia Opinion Summary: Prairie Supply, Inc. appealed a district court judgment ordering Prairie to pay Apple Electric, Inc. damages for conversion by the wrongful repossession of some ground heaters. In late 2011, Prairie and Apple entered…
Date: July 30, 2015
Citation: 2015 ND 189
Docket Number: 20140431
Justia Opinion Summary: Bridge Company appeals a district court judgment ordering it to donate a toll bridge to the cities of Fargo, North Dakota, and Moorhead, Minnesota, free and clear of all liens. In May 1986, the cities and the Company…
Date: July 30, 2015
Citation: 2015 ND 191
Docket Number: 20140446
Justia Opinion Summary: B.K.J. appealed a district court order appointing J.W. and Guardian and Protective Services, Inc. ("G.A.P.S"), as her co-guardians. B.K.J.'s niece, J.W., petitioned for the appointment of a guardian and a conservator on…
Date: July 28, 2015
Citation: 2015 ND 188
Docket Number: 20140255
Justia Opinion Summary: Margaret Oakland appealed a judgment dismissing her objection to the probate of the will of her father, John Gassmann, after a jury found she failed to establish his will was the product of an insane delusion. She also…
Date: July 15, 2015
Citation: 2015 ND 187
Docket Number: 20140122
Justia Opinion Summary: Soo Line Railroad Company and G-4, LLC appealed the grant of summary judgment declaring Soo Line did not own an interest in the minerals in and under certain Mountrail County property, and that G-4 did not hold a valid…
Date: July 7, 2015
Citation: 2015 ND 185
Docket Number: 20140265
Justia Opinion Summary: Appellant Morgan Kroschel appealed a district court judgment affirming the Department of Transportation's suspension of her driving privileges. Officer Ryan Haskell worked for the North Dakota State University Police…
Date: July 6, 2015
Citation: 2015 ND 184
Docket Number: 20150022
Date: July 2, 2015
Citation: 2015 ND 183
Docket Number: 20140379
Justia Opinion Summary: Thane and Nicole Dockter appealed a judgment affirming a Burleigh County Board of County Commissioners' decision to rezone a 311 acre tract of land in Menoken Township from agricultural to industrial use. In affirming…
Date: July 1, 2015
Citation: 2015 ND 173
Docket Number: 20140260
Justia Opinion Summary: Jose Martinez appealed after a jury found him guilty of gross sexual imposition. At the close of the State's case, Martinez moved for judgment of acquittal arguing evidence was insufficient to convict him. The court…
Date: July 1, 2015
Citation: 2015 ND 179
Docket Number: 20140262
Justia Opinion Summary: Teresa Schlittenhart appealed and the Department of Transportation cross-appealed a district court judgment that reversed a hearing officer's order suspending her driving privileges and remanding to the Department for a…
Date: July 1, 2015
Citation: 2015 ND 177
Docket Numbers: 20140317, 20150036
Justia Opinion Summary: Joan Gates appealed a district court order requiring her to pay $93,257.74 in restitution to the personal representative of the Lela Gates Estate, and an order denying her application for post-conviction relief. Gates…
Date: July 1, 2015
Citation: 2015 ND 181
Docket Number: 20140332
Justia Opinion Summary: Dallas Lang appealed after a jury found him guilty of felonious restraint. He argued that because a juror allegedly made inappropriate comments during jury selection, the district court should not have denied his motion…
Date: July 1, 2015
Citation: 2015 ND 174
Docket Number: 20140334
Justia Opinion Summary: The parties were married in August 2009 when Kevin Fugere was 51 years old and Marie Fugere was 46 years old, and they lived on a ranch Kevin owned. According to Kevin Fugere, his net worth at the time of the marriage…
Date: July 1, 2015
Citation: 2015 ND 180
Docket Number: 20140353
Justia Opinion Summary: Guy Packineau appealed after a jury found him guilty of possession of drug paraphernalia, driving with a suspended license, and driving under the influence. At trial, Packineau objected to the State offering testimony…
Date: July 1, 2015
Citation: 2015 ND 170
Docket Number: 20140358
Justia Opinion Summary: Jose Santoyo appealed a judgment that awarded damages to Darwin Savre for overpayments under the parties' lease and purchase option agreement and dismissed Santoyo's counterclaim for damages to the leased property. Savre…
Date: July 1, 2015
Citation: 2015 ND 172
Docket Number: 20140361
Justia Opinion Summary: In 2013, Kevin Werkmeister pled guilty to the charge of simple assault in violation of a city ordinance in Williston Municipal Court. In December 2013, Werkmeister moved to withdraw his guilty plea, arguing withdrawal…
Date: July 1, 2015
Citation: 2015 ND 169
Docket Number: 20140371
Justia Opinion Summary: The parties married in 1992 and divorced in 2012. Under the divorce judgment, the parties were awarded joint decision making for their two minor children, and Brenda Schiele was awarded primary residential…
Date: July 1, 2015
Citation: 2015 ND 178
Docket Number: 20140417
Justia Opinion Summary: A deputy sheriff pulled over Rebecca Havemeier's vehicle after observing her driving erratically in Dunn County. After failing field sobriety tests and registering a .286 alcohol concentration on an onsite screening…
Date: July 1, 2015
Citation: 2015 ND 176
Docket Number: 20140427
Justia Opinion Summary: Jad Breiner appealed an amended criminal judgment entered upon a conditional plea of guilty to driving under the influence, reserving the right to appeal the order denying his motion in limine. Breiner argued…
Date: July 1, 2015
Citation: 2015 ND 171
Docket Number: 20140460
Justia Opinion Summary: Andrew Votava appealed a district court order that denied his request to hold Kelly Votava in contempt and modified his parenting time. Upon review of the specific facts of this case, the Supreme Court concluded the…
Date: June 18, 2015
Citation: 2015 ND 158
Docket Number: 20150044
Justia Opinion Summary: Roy Brooks appealed a district court order denying his motion to modify primary residential responsibility. Because the Supreme Court's review of this case was "significantly hampered" by the district court's failure to…
Date: June 11, 2015
Citation: 2015 ND 152
Docket Number: 20140220
Justia Opinion Summary: Greg Grengs appeals from district court orders interpreting Anita Grengs' will and approving the final accounting and distribution of Anita Grengs' estate. After review of the specific facts of this case, the Supreme…
Date: June 11, 2015
Citation: 2015 ND 153
Docket Number: 20140230
Justia Opinion Summary: Marlin and Tanya Sabinash appealed a corrected judgment quieting title to real property located in Stutsman County to Dana Baker. In 1992, Marlin Sabinash owned real property subject to a mortgage with the Bank of North…
Date: June 11, 2015
Citation: 2015 ND 147
Docket Number: 20140244
Justia Opinion Summary: Neil Bartelson appealed an order denying his petition to remove Guardian and Protective Services ("GAPS") as personal representative of Ralph Bartelson's estate and to appoint him as successor personal representative.…
Date: June 11, 2015
Citation: 2015 ND 149
Docket Number: 20140288
Justia Opinion Summary: In December 2012, the State charged Russell Everett, Jr. with aggravated assault involving domestic violence, and counsel was appointed to represent him. Everett was unable to post bond and he remained in custody until…
Date: June 11, 2015
Citation: 2015 ND 155
Docket Number: 20140296
Justia Opinion Summary: As surviving spouse of Frank Mattern, Jeanette Mattern appealed a district court judgment dividing the couple's marital homestead into three individual apartments and ordering Jeanette Mattern to pay rent retroactively…
Date: June 11, 2015
Citation: 2015 ND 148
Docket Number: 20140309
Justia Opinion Summary: Dawn Kirby appealed a district court order denying her motion to modify primary residential responsibility of the parties' minor child with Brian Sweeney to her. The Supreme Court affirmed, concluding the court's denial…
Date: June 11, 2015
Citation: 2015 ND 146
Docket Number: 20140404
Justia Opinion Summary: Heather Leavitt was convicted by jury of the attempted murder her husband Timothy. In early 2014, Timothy "woke up to being stabbed by an assailant in his home." He was seriously injured, but was able to flee. On appeal,…
Date: June 11, 2015
Citation: 2015 ND 151
Docket Number: 20140415
Justia Opinion Summary: Lori Ihli appealed a district court judgment dismissing her claims against Anthony Lazzaretto, d/b/a Lazzaretto Construction ("Lazzaretto"). In June 2011, Ihli's Minot home flooded. Ihli contacted Lazzaretto for an…
Date: June 11, 2015
Citation: 2015 ND 154
Docket Number: 20140418
Justia Opinion Summary: Daniel Wacht appealed a district court order summarily dismissing his application for postconviction relief. Wacht was convicted by a jury in 2012 of the murder of Kurt Johnson. He was sentenced to life imprisonment…
Date: June 11, 2015
Citation: 2015 ND 156
Docket Number: 20140425
Justia Opinion Summary: Shane Peterka appealed a district court order granting summary judgment in favor of the State and denying in part Peterka's application for postconviction relief. Peterka was charged with 119 counts of unlawful…
Date: June 11, 2015
Citation: 2015 ND 150
Docket Number: 20140442
Justia Opinion Summary: The Pifer Group, Inc., appealed, and Judith Liebelt and Sandra and Dennis Janke cross-appealed, a judgment awarding Pifer Group $8,215.81 for breach of two land auction sale agreements. Liebelt and the Jankes entered…
Date: June 10, 2015
Citation: 2015 ND 141
Docket Number: 20150016
Date: June 2, 2015
Citation: 2015 ND 138
Docket Number: 20150141
Date: June 1, 2015
Citation: 2015 ND 140
Docket Number: 20140243
Justia Opinion Summary: Red River Trucking, LLC, appealed an amended judgment determining Peterbilt of Fargo, Inc., had a valid repairman's lien for completed repairs to a truck owned by Red River Trucking, Peterbilt breached a contract with…
Date: June 1, 2015
Citation: 2015 ND 139
Docket Number: 20140299
Date: May 27, 2015
Citation: 2015 ND 123
Docket Number: 20140052
Justia Opinion Summary: Aggregate Construction, Inc., appealed the grant of summary judgment which declared certain leases of shop and office property to Aggregate were terminated on December 31, 2011, and dismissing Aggregate's counterclaims…
Date: May 27, 2015
Citation: 2015 ND 136
Docket Number: 20140104
Justia Opinion Summary: This case stemmed from Ward Farms' purchase of Enerbase Cooperative Resource's tractor at a third-party auction sale. Michael Ward, a partner of Ward Farms, attended an auction sale, and bid on the tractor. Shortly after…
Date: May 27, 2015
Citation: 2015 ND 125
Docket Number: 20140119
Justia Opinion Summary: Rodney Hogen appealed and Steven Hogen, as personal representative of the estate of Arline Hogen, cross-appealed an order approving a final accounting and settlement in the probate of the estate of Arline Hogen. After…
Date: May 27, 2015
Citation: 2015 ND 120
Docket Number: 20140128
Justia Opinion Summary: In 2009, Riak Riak pled guilty to a charge of gross sexual imposition, a class A felony, and was sentenced to twenty years in prison with three years suspended for ten years while on supervised probation. In 2010, Riak…
Date: May 27, 2015
Citation: 2015 ND 127
Docket Number: 20140177
Justia Opinion Summary: James Broten, Louise Broten, and Linda Schuler are the children of Olaf Broten and Helen Broten ("the parents"). The parents originally owned approximately 480 acres of farmland in Barnes County. In 1979, they executed a…
Date: May 27, 2015
Citation: 2015 ND 128
Docket Number: 20140192
Justia Opinion Summary: Todd Rounkles appealed a district court's judgment affirming a North Dakota Department of Transportation hearing officer's decision suspending his driving privileges for ninety-one days for driving under the influence.…
Date: May 27, 2015
Citation: 2015 ND 118
Docket Number: 20140203
Justia Opinion Summary: Susan White appealed a judgment on the pleadings in favor of Glen and Loretta White in an action by Glen and Loretta White against T.P. Motel, L.L.C., and an order denying her motion to intervene. Susan White was married…
Date: May 27, 2015
Citation: 2015 ND 133
Docket Number: 20140219
Justia Opinion Summary: Alexander Smith appealed after a jury found him guilty of possession of cocaine with intent to deliver. The Supreme Court concluded that the district court's denial of Smith's motion to strike the mandatory minimum…
Date: May 27, 2015
Citation: 2015 ND 134
Docket Number: 20140272
Justia Opinion Summary: A law officer attempted to serve a misdemeanor bench warrant on Devan Lavallie at the location listed on the warrant. Deven Schmidt resided at that residence, but was not a subject of the warrant. Schmidt answered the…
Date: May 27, 2015
Citation: 2015 ND 135
Docket Number: 20140274
Justia Opinion Summary: Joan Johnson, as personal representative of the Estate of Herman B. Johnson, and Marguerite Johnson, Herman Johnson's widow, appealed a district court's grant of summary judgment dismissing their action against Mid…
Date: May 27, 2015
Citation: 2015 ND 130
Docket Number: 20140298
Justia Opinion Summary: C.T. Marhula appealed the judgment dismissing his action against Grand Forks Curling Club, Inc., for improper termination of his membership. Marhula was a member of the Club from the mid-1990s until January 15, 2012,…
Date: May 27, 2015
Citation: 2015 ND 129
Docket Number: 20140313
Justia Opinion Summary: Ellen and Ivan Williams were married in 1972; Ellen sued for divorce in 2012. At the time of trial, both parties were 62 years old. During the marriage, Ellen was a homemaker and primary care provider to the parties'…
Date: May 27, 2015
Citation: 2015 ND 121
Docket Number: 20140319
Justia Opinion Summary: In 2005, Merwin Carlson was injured in a traffic accident while hauling freight as a trucker under a contract with GMR. In 2006, Carlson filed a claim for workers' compensation benefits with Workforce Safety and…
Date: May 27, 2015
Citation: 2015 ND 131
Docket Number: 20140340
Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on a dispute between the Chegwiddens, as tenants, and Mitch Evenson, and Evenson Properties, LLP, as landlord. In November 2011, the parties entered…
Date: May 27, 2015
Citation: 2015 ND 122
Docket Number: 20140377
Justia Opinion Summary: Glenn Solberg appealed a district court judgment dismissing his petition for allowance of a claim against the estate of Lyle Nelson, his deceased mother's second husband. Lyle Nelson died in 2012. He was married to…
Date: May 27, 2015
Citation: 2015 ND 126
Docket Number: 20140401
Justia Opinion Summary: On December 29, 2013, Johnny Lowe was booked into Morton County on Morton County case number 30-2011-CR-1042, Revocation of Probation--Possession of Methamphetamine & Possession of Drug Paraphernalia (Methamphetamine);…
Date: May 27, 2015
Citation: 2015 ND 115
Docket Number: 20140406
Date: May 27, 2015
Citation: 2015 ND 137
Docket Number: 20140433
Justia Opinion Summary: William Roberts appealed a district court judgment affirming an order of the Department of Transportation revoking his driving privileges for two years for refusing to submit to a chemical test. Roberts argued the…
Date: May 27, 2015
Citation: 2015 ND 132
Docket Number: 20140453
Justia Opinion Summary: In February 2014, Watford City Police Officer Dylan Bostic stopped James Bauer for speeding at approximately 3:00 a.m., on Highway 85, near Watford City. During the stop, the officer noticed Bauer had slurred speech,…
Date: May 27, 2015
Citation: 2015 ND 124
Docket Number: 20150024
Justia Opinion Summary: Julie Ann Kopperud appealed a district court order granting the State's motion for her to pay $1,317.70 in jury expenses. Kopperud was charged with reckless driving, a class B misdemeanor. A jury trial was scheduled but…
Date: May 7, 2015
Citation: 2015 ND 113
Docket Numbers: 20150080, 20150082
Date: May 4, 2015
Citation: 2015 ND 112
Docket Number: 20140259
Justia Opinion Summary: Sandra Adams appealed an amended supplemental judgment dividing the marital estate between her and John Adams. On appeal, Sandra argued the district court's property division was not equitable, because the court erred in…
Date: May 1, 2015
Citation: 2015 ND 110
Docket Number: 20140173
Justia Opinion Summary: Jeanne Johnson died in June 2010. Her survivors included her children, Sandra Mark, Stuart Johnson, and Steven Johnson, and her grandson, Scott Johnson. Her will was admitted to informal probate, and Mark was appointed…
Date: April 28, 2015
Citation: 2015 ND 92
Docket Number: 20140111
Justia Opinion Summary: Respondent-appellant Garrett Loy was convicted in 2004 of gross sexual imposition. In 2005, Loy pleaded guilty to a separate charge of gross sexual imposition and his probation from his 2004 conviction was revoked. Loy…
Date: April 28, 2015
Citation: 2015 ND 93
Docket Number: 20140185
Justia Opinion Summary: In 2005, David Moe was convicted of possession of marijuana with intent to deliver, possession with intent to manufacture psilocybin, possession of methamphetamine with intent to deliver, and two counts of possession of…
Date: April 28, 2015
Citation: 2015 ND 94
Docket Number: 20140196
Justia Opinion Summary: At issue in this case was the number of mineral acres owned by Todd Hall in a tract of land in Dunn County as a result of a conveyance from Harry L. Malloy to Todd Hall's predecessor in interest, Edwin Hall. Todd Hall…
Date: April 28, 2015
Citation: 2015 ND 95
Docket Number: 20140201
Justia Opinion Summary: Brittney Berg appealed a district court judgment awarding primary residential responsibility of the parties' minor child to Darin Mowan. Berg and Mowan, who never married, had a child born in 2012. Mowan resided in…
Date: April 28, 2015
Citation: 2015 ND 105
Docket Numbers: 20140209, 20140210
Justia Opinion Summary: In 2008, Randy Holkesvig was charged with stalking, a class A misdemeanor, and with violation of a disorderly conduct restraining order, another class A misdemeanor. In June 2008, Holkesvig pleaded guilty to the stalking…
Date: April 28, 2015
Citation: 2015 ND 106
Docket Number: 20140213
Justia Opinion Summary: In January 2004, Garron Gonzalez pled guilty to two counts of gross sexual imposition, both class A felonies. He was sentenced to five years' incarceration, with all but 130 days suspended for five years, and five years'…
Date: April 28, 2015
Citation: 2015 ND 102
Docket Number: 20140233
Justia Opinion Summary: In 2012, a jury found Leron Howard guilty of murder and conspiracy to commit murder. Howard appealed, arguing there was insufficient evidence to support the verdicts and the district court erred by using a multi-county…
Date: April 28, 2015
Citation: 2015 ND 97
Docket Number: 20140252
Justia Opinion Summary: Matthew Viscito, Mary Lynn Berntson, and Florence Properties, LLC (collectively "Viscito") appeal from a district court judgment of dismissal without prejudice, which awarded Kevin Christianson, Pace's Lodging…
Date: April 28, 2015
Citation: 2015 ND 90
Docket Number: 20140289
Date: April 28, 2015
Citation: 2015 ND 104
Docket Number: 20140290
Justia Opinion Summary: In October 2013, McKenzie County Deputy Sheriff Travis Bateman stopped defendant Michael Filkowski's vehicle after he observed the vehicle weave, leave the roadway on a curve and cross over the center line and into the…
Date: April 28, 2015
Citation: 2015 ND 96
Docket Number: 20140297
Justia Opinion Summary: In 2013, Emma Reiger entered the Good Samaritan Society's basic care facility. She executed a general durable power of attorney appointing two women "to be my attorneys-in-fact and co-agents in my name and for my…
Date: April 28, 2015
Citation: 2015 ND 100
Docket Number: 20140318
Justia Opinion Summary: A law enforcement officer with the Grand Forks Narcotics Task Force sought and obtained a search warrant to search a residence. In his affidavit in support of the warrant, the officer stated he received information from…
Date: April 28, 2015
Citation: 2015 ND 101
Docket Number: 20140322
Justia Opinion Summary: Matthew Jasmann appealed a judgment entered on a jury's verdict finding him guilty of gross sexual imposition. According to trial testimony, Jasmann met some family and friends at a local bar. While at the bar, Jasmann…
Date: April 28, 2015
Citation: 2015 ND 98
Docket Number: 20140323
Justia Opinion Summary: Thomas Feist appealed, and Cheryl Feist cross-appealed a district court divorce judgment dividing the parties' marital estate. The parties were married in 1971 and divorced in 2013. The parties had two children together…
Date: April 28, 2015
Citation: 2015 ND 107
Docket Number: 20140325
Justia Opinion Summary: On November 21, 2013, a Stark County deputy sheriff pulled over Kyle Baxter's vehicle in Dickinson after observing the vehicle with frost on the windshield weaving, being driven in the opposite lane of traffic, and…
Date: April 28, 2015
Citation: 2015 ND 99
Docket Number: 20140339
Justia Opinion Summary: Deanne Stai-Johnson (formerly Johnson) appealed a judicial referee's order denying her request to move out of state with the child over whom she had primary residential responsibility. The Supreme Court affirmed,…
Date: April 28, 2015
Citation: 2015 ND 103
Docket Number: 20140370
Justia Opinion Summary: Andrew Williams appealed a criminal judgment entered after conditionally pleading guilty to possession of marijuana with intent to deliver and drug paraphernalia. After review of the case, the Supreme Court held that the…
Date: April 27, 2015
Citation: 2015 ND 89
Docket Number: 20150018
Date: April 9, 2015
Citation: 2015 ND 81
Docket Number: 20140341
Justia Opinion Summary: According to the administrative hearing testimony, a Bismarck police officer stopped appellant Richard Keller for driving over a lane-dividing line. The officer detected the odor of alcohol, and Keller admitted he had…
Date: April 3, 2015
Citation: 2015 ND 79
Docket Number: 20140202
Justia Opinion Summary: Kelly Kohn and Kohn Electric, LLC, appealed a damages award given in favor of Eugene Pegg for $11,299 for breach of an oral partnership agreement. Pegg had been an electrician for more than 30 years and had several…
Date: March 30, 2015
Citation: 2015 ND 77
Docket Number: 20130366
Justia Opinion Summary: Service Oil, Inc., appealed and Rory Gjestvang, Brad Bjerke and LaRayne Haakenson cross-appealed a judgment entered after a bench trial dismissing the parties' claims involving their business relationship. Steven Lenthe…
Date: March 24, 2015
Citation: 2015 ND 58
Docket Number: 20130426
Justia Opinion Summary: Plaintiffs-appellants Arlen and Beverly Flynn appealed the dismissal of their action against Hurley Enterprises, Inc., for maintaining a public or private nuisance near their property in McKenzie County. The Supreme…
Date: March 24, 2015
Citation: 2015 ND 57
Docket Number: 20140033
Justia Opinion Summary: Darilyn Baker appealed a district court order denying her motion for class action certification. In 2007, Baker purchased a car from Autos, Inc., d.b.a. Global Auto. Baker financed the purchase of the car by trading in…
Date: March 24, 2015
Citation: 2015 ND 63
Docket Number: 20140103
Justia Opinion Summary: Shirley Bleick appealed a district court order affirming a Department of Human Services' decision denying her application for Medicaid benefits. The Supreme Court affirmed, concluding a preponderance of the evidence…
Date: March 24, 2015
Citation: 2015 ND 75
Docket Number: 20140134
Justia Opinion Summary: This case stemmed from plaintiff-appellant Leona Kuhn's improper disposal of debris from her house in the Napoleon city dump in late June 2013, after her house had been severely damaged by fire. The City of Napoleon…
Date: March 24, 2015
Citation: 2015 ND 68
Docket Numbers: 20140142, 20140143
Justia Opinion Summary: In a June 2012 complaint, the State charged Billy Owens with leading a criminal association for purposes of committing felonious acts, and with conspiracy to commit aggravated assault for allegedly agreeing with one or…
Date: March 24, 2015
Citation: 2015 ND 64
Docket Number: 20140159
Justia Opinion Summary: In December 2013, Joseph Barnes made an initial appearance in the district court after being arrested and charged for driving while under the influence of alcohol, a class A misdemeanor. Barnes was also charged for…
Date: March 24, 2015
Citation: 2015 ND 66
Docket Number: 20140160
Justia Opinion Summary: Issac Steen owned property located outside Williston in Williams County. The property contained a garbage dump. Law enforcement located the body of Jack Sjol within the garbage dump. Sjol had been missing for three…
Date: March 24, 2015
Citation: 2015 ND 65
Docket Number: 20140165
Justia Opinion Summary: Timothy Eggers and Kimberly Eggers were married in 2002 and were residents of North Dakota. They had three minor children. Kimberly filed for divorce in 2012. She worked until 2008, after which both parties agreed she…
Date: March 24, 2015
Citation: 2015 ND 61
Docket Numbers: 20140175, 20140176
Justia Opinion Summary: Carrie Jean Berg appealed criminal judgments entered on guilty pleas for two counts of gross sexual imposition against a minor child. The Supreme Court affirmed, concluding Berg waived her factual argument regarding the…
Date: March 24, 2015
Citation: 2015 ND 62
Docket Number: 20140197
Justia Opinion Summary: In the early morning hours of October 10, 2010, a desk clerk at a Minot hotel was shot. Defendant Allen Rencountre was staying at the hotel and the shooting was recorded by the hotel's front desk security camera.…
Date: March 24, 2015
Citation: 2015 ND 72
Docket Number: 20140216
Justia Opinion Summary: Stacy Dahl appealed the criminal judgment entered following a conditional plea of guilty for the charge of possession of a controlled substance (methamphetamine) with intent to deliver. The Supreme Court affirmed,…
Date: March 24, 2015
Citation: 2015 ND 60
Docket Number: 20140217
Justia Opinion Summary: Robert and Donna Irwin owned a little over eight acres property located in Ward County. In 2011, the Souris River in Ward County flooded. The City of Minot acted to combat the flood by constructing emergency earthen…
Date: March 24, 2015
Citation: 2015 ND 76
Docket Number: 20140221
Justia Opinion Summary: Bradley Jordet appealed district court orders consolidating cases, adopting a judicial referee's decision denying his request for a money judgment against Tracy Jordet, and denying his motion for a new trial or amended…
Date: March 24, 2015
Citation: 2015 ND 73
Docket Number: 20140232
Justia Opinion Summary: Bradley and Tracy Jordet were divorced in 2010. Bradley was awarded primary residential responsibility for the parties' two children and Tracy was ordered to pay child support. Bradley was ordered to pay Tracy…
Date: March 24, 2015
Citation: 2015 ND 59
Docket Numbers: 20140256, 20140257, 20140258
Justia Opinion Summary: Defendant was charged with possession of a controlled substance, possession of drug paraphernalia, and four counts of endangerment of a child. Defendant was assigned an attorney and waived his right to a preliminary…
Date: March 24, 2015
Citation: 2015 ND 69
Docket Number: 20140306
Justia Opinion Summary: In September 2010, Chelsi Lavallie and the State of North Dakota as a statutory party in interest sued Curtis Lavallie for child support, alleging he was the natural father of a minor child born to Chelsi in 2010, he was…
Date: March 24, 2015
Citation: 2015 ND 74
Docket Number: 20140328
Justia Opinion Summary: Kesha Lavallie and Dustin Lavallie had a child born in 2010. Dustin claimed he was and is "an enrolled resident of the Turtle Mountain Indian Reservation." He stated he is "temporarily confined to the North Dakota State…
Date: March 24, 2015
Citation: 2015 ND 70
Docket Number: 20140350
Justia Opinion Summary: The parties divorced in October 2011. Jill Hankey was awarded primary residential responsibility of the parties' minor child, L.C.H., who was born in 2009, subject to Blake Hankey's right of parenting time, and the…
Date: March 24, 2015
Citation: 2015 ND 71
Docket Number: 20140366
Justia Opinion Summary: Jeremy Johnson was committed as a sexually dangerous individual in 2012, and his commitment was affirmed by the North Dakota Supreme Court in "Interest of Johnson," (835 N.W.2d 806). In August 2013, Johnson petitioned…
Date: February 20, 2015
Citation: 2015 ND 44
Docket Number: 20140125
Justia Opinion Summary: Sherri Light, individually and as personal representative of the estate of Steven Light, appealed a judgment entered after a bench trial determining GRB Financial Corporation held a valid and enforceable security…
Date: February 12, 2015
Citation: 2015 ND 41
Docket Number: 20130402
Justia Opinion Summary: Defendant Damon White Bird was convicted by jury of attempted murder, felonious restraint, tampering with physical evidence, and aggravated assault. White Bird filed a document in which he fired his attorney and moved to…
Date: February 12, 2015
Citation: 2015 ND 34
Docket Number: 20140069
Justia Opinion Summary: In April 1997, a jury convicted petitioner-appellant Mark Steinbach of murder, and physical obstruction of a governmental function and tampering with physical evidence. Steinbach was sentenced to life imprisonment,…
Date: February 12, 2015
Citation: 2015 ND 33
Docket Number: 20140089
Justia Opinion Summary: In the early 1980s, the cities of Harwood and Reiles Acres entered a series of agreements to address common waste water treatment problems. In June 1985, they agreed in writing to construct and operate the Harwood Lagoon…
Date: February 12, 2015
Citation: 2015 ND 37
Docket Number: 20140121
Justia Opinion Summary: Nandan, LLP, and Border States Paving, Inc., (collectively, "Border States") appealed a district court judgment dismissing its amended complaint against the City of Fargo for failing to state a claim on which relief…
Date: February 12, 2015
Citation: 2015 ND 18
Docket Number: 20140133
Justia Opinion Summary: Steve Beylund appealed a district court judgment affirming a Department of Transportation decision to suspend his driving privileges for two years. After review, the Supreme Court concluded Beylund voluntarily consented…
Date: February 12, 2015
Citation: 2015 ND 40
Docket Number: 20140136
Justia Opinion Summary: Jesse Eckroth appealed a district court judgment that sentenced him on his third offense of driving under the influence ("DUI"), a class A misdemeanor. Eckroth argued the district court order sentencing him for his third…
Date: February 12, 2015
Citation: 2015 ND 43
Docket Number: 20140147
Justia Opinion Summary: Gayne Gasal appealed a district court criminal judgment after a jury convicted him of hunting without a license, and the district court's order denying his motions to suppress evidence obtained after the issuance of a…
Date: February 12, 2015
Citation: 2015 ND 29
Docket Number: 20140150
Justia Opinion Summary: Based on information from a confidential informant, the Ward County Narcotics Task Force was investigating a suspect involved in selling and distributing methamphetamine. While accompanying the suspect during several…
Date: February 12, 2015
Citation: 2015 ND 31
Docket Number: 20140174
Justia Opinion Summary: Defendant Gary Glaser was charged with indecent exposure after he allegedly pulled up to a stranger walking on a sidewalk, stopped his vehicle, and exposed himself (his genitals) to the victim. Glaser initially pled not…
Date: February 12, 2015
Citation: 2015 ND 35
Docket Number: 20140178
Justia Opinion Summary: Stacy Peltier appealed the denial of his petition for post-conviction relief. Peltier pled guilty to eighteen burglary counts stemming from burglaries in eight North Dakota counties. The trial court accepted his pleas…
Date: February 12, 2015
Citation: 2015 ND 39
Docket Number: 20140188
Justia Opinion Summary: Sterling Development Group Three, LLC, and Sterling Development Group Eight, LLC, appealed a judgment dismissing their action against James Carlson to collect on two personal guarantees, and an order awarding Carlson…
Date: February 12, 2015
Citation: 2015 ND 38
Docket Number: 20140198
Justia Opinion Summary: Sandra Hoverson appealed an amended divorce judgment denying her motion to modify spousal support and parenting time, granting Carl Hoverson's motion to modify parenting time and to appoint a parenting coordinator, and…
Date: February 12, 2015
Citation: 2015 ND 36
Docket Number: 20140253
Justia Opinion Summary: On November 23, 2013, while patrolling on an alleged section line in a state vehicle, a state game warden followed hunters northwest of Jamestown and struck a large rock, damaging the vehicle. After observing the…
Date: February 12, 2015
Citation: 2015 ND 42
Docket Number: 20140312
Justia Opinion Summary: The parties married in June 2004 and divorced in September 2011. After a trial, Svetlana Seay was awarded primary residential responsibility of the parties' minor child and her seventeen-year-old son from a previous…
Date: February 12, 2015
Citation: 2015 ND 24
Docket Numbers: 20140456, 20140457, 20140465, 20140466
Date: January 22, 2015
Citation: 2015 ND 16
Docket Number: 20140268
Justia Opinion Summary: Nicholas Law appealed a district court amended judgment that awarded Danielle Whittet parenting time every alternating week and ordered Law to pay child support. The North Dakota Supreme Court addressed this case…
Date: January 15, 2015
Citation: 2015 ND 14
Docket Number: 20140029
Justia Opinion Summary: In November 2012, defendant-appellant Juan Galvez was charged with two counts of gross sexual imposition, both class A felonies, for engaging in sexual acts with two minor girls. According to the complaint, the girls…
Date: January 15, 2015
Citation: 2015 ND 13
Docket Number: 20140072
Justia Opinion Summary: Mervyn Mertz appeals from a district court divorce judgment distributing marital assets and debts and ordering him to pay spousal support. He argues the district court erroneously awarded permanent spousal support and…
Date: January 15, 2015
Citation: 2015 ND 11
Docket Number: 20140091
Justia Opinion Summary: Defendant-appellant Sean Kovalevich was charged with two counts of gross sexual imposition and one count of corruption of a minor. The State alleged Kovalevich engaged in a sexual act with a minor female at a hotel in…
Date: January 15, 2015
Citation: 2015 ND 6
Docket Number: 20140109
Justia Opinion Summary: In 2013, defendant-appellant Danny Birchfield drove into a ditch in Morton County. A highway patrol officer arrived at the scene, believed Birchfield was intoxicated, and asked Birchfield to perform field sobriety tests,…
Date: January 15, 2015
Citation: 2015 ND 10
Docket Number: 20140163
Justia Opinion Summary: Justin Combs and Lisa Combs were in the midst of a divorce. Dallas Lund was dating Lisa. In the early hours of March 23, 2014, Lisa had an argument with one of her children at the Combs' residence. The argument became…
Date: January 15, 2015
Citation: 2015 ND 7
Docket Number: 20140191
Justia Opinion Summary: In 1999, Robert L. Johnson was charged with one count of simple assault and two counts of contact by bodily fluid or excrement. Johnson was tried and convicted of all three counts. Because of improper jury instructions,…
Date: January 15, 2015
Citation: 2015 ND 9
Docket Number: 20140238
Justia Opinion Summary: A Beulah police officer observed Jesse Keller driving with an obstructed license plate. Keller turned his vehicle into a parking lot and stopped. The officer parked next to Keller's vehicle and, when Keller exited the…
Date: January 15, 2015
Citation: 2015 ND 12
Docket Number: 20140447
Justia Opinion Summary: In November 2014, Dr. Gabriela Balf-Soran filed an involuntary commitment petition claiming L.B. was mentally ill and chemically dependent. On November 13, 2014, Carmen Johnson and Dr. Lacey Armstrong filed a Report of…
Date: January 12, 2015
Citation: 2015 ND 01
Docket Numbers: 20140024, 20140027
Justia Opinion Summary: A jury found defendant-appellant Rodney Brossart guilty of terrorizing, preventing arrest, and failing to comply with the law for estray animals. In 2011, two of Brossart's adult children observed three cow-calf pairs…
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