North Dakota Supreme Court Decisions 2016

Interest of Voisine  
Date: December 30, 2016
Citation: 2016 ND 254
Docket Number: 20160061

Justia Opinion Summary: Raymond Voisine appealed a district court order finding he remained a sexually dangerous individual and denying his petition for discharge from the North Dakota State Hospital. Voisine did not contest he met the first fa...

Koenig v. Schuh  
Date: December 20, 2016
Citation: 2016 ND 252
Docket Number: 20160060

Justia Opinion Summary: La Verne Koenig appealed after a jury found no fault in his personal injury lawsuit against Kenneth Schuh and Jason Schuh. Koenig was injured on a farm owned by Patricia Schuh. Koenig bought hay bales located on the Schu...

Pfeffer v. North Dakota  
Date: December 20, 2016
Citation: 2016 ND 248
Docket Number: 20160188

Justia Opinion Summary: Cheryl Pfeffer was charged with delivery of a controlled substance and convicted after a two day jury trial. She appealed the district court’s order denying her post-conviction relief for ineffective assistance of counse...

Jacobs-Raak v. Raak  
Date: December 20, 2016
Citation: 2016 ND 240
Docket Number: 20150360

Justia Opinion Summary: Daniel Raak appealed and Danel Jacobs-Raak (now known as Danel Jacobs) cross-appealed a divorce judgment distributing their marital property, and ordering Raak to pay child support. Except with regard to the division of...

Castillo v. N.D. Dep't of Transportation  
Date: December 20, 2016
Citation: 2016 ND 253
Docket Number: 20160192

Justia Opinion Summary: The Department of Transportation appealed a district court judgment reversing a Department order revoking Josue Castillo's driving privileges for 180 days for refusing to submit to onsite screening and chemical tests. Th...

Western Petroleum, LLC v. Williams Cty. Bd. of Commissioners  
Date: December 20, 2016
Citation: 2016 ND 249
Docket Number: 20160089

Justia Opinion Summary: Western Petroleum, LLC, and Maxum Petroleum Operating Company, Inc., doing business as Pilot Logistics Services (Pilot), appealed a district court order affirming their appeal of the Williams County Board of County Commi...

Jones v. Levi  
Date: December 20, 2016
Citation: 2016 ND 245
Docket Number: 20160216

Justia Opinion Summary: The Department of Transportation appealed a judgment reversing the Department's decision to suspend Kristin Jones' driving privileges for 180 days. The Department argued the district court erred by reversing the hearing...

Solwey v. Solwey  
Date: December 20, 2016
Citation: 2016 ND 246
Docket Number: 20160158

Justia Opinion Summary: Thomas Solwey appealed a district court order denying his petition to modify primary parental responsibility. After review, the Supreme Court reversed and remanded for further proceedings, concluding Thomas Solwey establ...

State v. Timm
Date: December 20, 2016
Citations: 2016 ND 182, 885 N.W.2d 62
Docket Number: 20150332
Kraft v. North Dakota  
Date: December 20, 2016
Citation: 2016 ND 250
Docket Number: 20160116

Justia Opinion Summary: Keith Kraft applied for post-conviction relief to vacate his 1983 drug delivery conviction. The State moved to dismiss, arguing his application was time-barred under N.D.C.C. 29-32.1-01. Twenty-eight days after the State...

Nesheim v. Nesheim
Date: December 20, 2016
Citation: 2016 ND 159
Docket Number: 20160159
State v. Williams
Date: December 20, 2016
Citation: 2016 ND 235
Docket Number: 20160171
Young, n/k/a Klein v. Young
Date: December 20, 2016
Citation: 2016 ND 238
Docket Number: 20160206
Matter of Hehn
Date: December 20, 2016
Citation: 2016 ND 242
Docket Number: 20160213
Rasmussen v. Harvey  
Date: December 20, 2016
Citation: 2016 ND 251
Docket Number: 20160219

Justia Opinion Summary: Jerry Harvey and Christine Rasmussen divorced in January 2014. The parties had three children together, and Rasmussen was awarded primary residential responsibility of the children. In December 2015, Rasmussen moved to m...

State v. Ortiz
Date: December 20, 2016
Citation: 2016 ND 237
Docket Number: 20160221
Schaffner v. Job Service North Dakota
Date: December 20, 2016
Citation: 2016 ND 236
Docket Number: 20160264
Interest of E.G.U.
Date: December 20, 2016
Citation: 2016 ND 243
Docket Numbers: 20160355, 20160356
Interest of R.F.
Date: December 20, 2016
Citation: 2016 ND 239
Docket Number: 20160389
Rice v. Neether  
Date: December 20, 2016
Citation: 2016 ND 247
Docket Number: 20160013

Justia Opinion Summary: Cory Rice appealed a district court's judgment quieting title to real property in Joyce Neether. Rice was Neether's grandson. Neether and her late husband, Alvin Neether, raised Rice at their farm. Alvin was diagnosed wi...

Fredericks v. Fredericks  
Date: December 9, 2016
Citation: 2016 ND 234
Docket Number: 20150359

Justia Opinion Summary: Lyndon Fredericks appealed, and Bole Resources, LLC, and others cross-appealed a judgment declaring the district court: had subject-matter jurisdiction over the action, reforming a quit claim mineral deed, quieting title...

CHS Inc. v. Riemers
Date: December 8, 2016
Citation: 2016 ND 233
Docket Number: 20160131
State v. Ochiti
Date: December 5, 2016
Citation: 2016 ND 222
Docket Number: 20150273
North Dakota v. Brendel  
Date: December 5, 2016
Citation: 2016 ND 230
Docket Numbers: 20160022, 20160023

Justia Opinion Summary: Terry Brendel appealed an order forfeiting $5,000 of the $25,000 bail bond he posted for his son, Travis. Because Terry was not statutorily authorized to appeal the bond forfeiture order, the Supreme Court dismissed the...

Hildebrand v. Stolz  
Date: December 5, 2016
Citation: 2016 ND 225
Docket Number: 20160038

Justia Opinion Summary: Shane Stolz appealed the district court's order: (1) denying his motion to vacate judgment and the judgment granting Stacy Hildebrand primary residential responsibility of their two minor children; (2) requiring Stolz to...

KLE Construction, LLC v. Twalker Development, LLC  
Date: December 5, 2016
Citation: 2016 ND 229
Docket Number: 20160054

Justia Opinion Summary: Twalker Development, LLC appealed a judgment granting KLE Construction LLC's claim for unjust enrichment and ordering Twalker to pay $87,958.74 in damages. KLE and Twalker engaged in negotiations for KLE to provide const...

Schweitzer v. Mattingley  
Date: December 5, 2016
Citation: 2016 ND 231
Docket Number: 20160090

Justia Opinion Summary: Ethan Mattingley and Rebecca Schweitzer had one child, born in 2012. Schweitzer lived in Minot and Mattingley lived in Velva, approximately 22 miles southeast of Minot. In 2014 both parties sought primary residential res...

Delvo v. State
Date: December 5, 2016
Citation: 2016 ND 220
Docket Number: 20160102
State v. Butts
Date: December 5, 2016
Citation: 2016 ND 226
Docket Number: 20160125
State v. Peltier
Date: December 5, 2016
Citation: 2016 ND 227
Docket Number: 20160148
North Dakota v. Karna  
Date: December 5, 2016
Citation: 2016 ND 232
Docket Number: 20160156

Justia Opinion Summary: Dean Karna appealed the judgment entered on conditional pleas of guilty to the charges of possession of a controlled substance and possession of drug paraphernalia. The issue presented for the Supreme Court's review was...

Gonzalez v. State
Date: December 5, 2016
Citation: 2016 ND 223
Docket Number: 20160174
Yarbro v. State
Date: December 5, 2016
Citation: 2016 ND 228
Docket Number: 20160176
Owens v. State
Date: December 5, 2016
Citation: 2016 ND 224
Docket Number: 20160214
State v. Wygal
Date: December 5, 2016
Citation: 2016 ND 224
Docket Number: 20160226
Disciplinary Board v. Bruggeman
Date: November 29, 2016
Citation: 2016 ND 115
Docket Number: 20150354
Disciplinary Board v. Bruggeman
Date: November 29, 2016
Citation: 2016 ND 219
Docket Number: 20160337
Vacancy in Judgeship No. 2, Northwest Judicial District
Date: November 22, 2016
Citation: 2016 ND 218
Docket Number: 20160296
Stibbe v. Haven
Date: November 21, 2016
Citation: 2016 ND 216
Docket Number: 20150339
North Dakota v. Adan  
Date: November 21, 2016
Citation: 2016 ND 215
Docket Numbers: 20160083, 20160095

Justia Opinion Summary: Abdullahi Ahmed Adan and Semereab Haile Tesfaye appealed the judgments entered on conditional pleas of guilty to the charges of possession of a controlled substance with intent to manufacture or deliver. A police office...

Matter of Emelia Hirsch Trust
Date: November 21, 2016
Citation: 2016 ND 217
Docket Numbers: 20160189, 20016018
Larson v. Midland Hospital Supply, Inc.  
Date: November 18, 2016
Citation: 2016 ND 214
Docket Number: 20160059

Justia Opinion Summary: Stephen Larson appealed when his case against Midland Hospital Supply, Inc. ("Midland"), Midland ProHealth, Inc. ("ProHealth") and Richard Larson was dismissed. Midland was a North Dakota corporation engaged in the whole...

Frith v. Park District of the City of Fargo  
Date: November 16, 2016
Citation: 2016 ND 213
Docket Number: 20160114

Justia Opinion Summary: Karisa and Roger Frith appealed the dismissal of their complaint against the Park District of the City of Fargo and the North Dakota Insurance Reserve Fund. The Friths sued the Park District and Fund seeking monetary dam...

State v. Mann
Date: November 9, 2016
Citation: 2016 ND 211
Docket Number: 20150069
North Dakota v. Russell  
Date: November 9, 2016
Citation: 2016 ND 208
Docket Number: 20160065

Justia Opinion Summary: Charles Russell appealed after a jury found him guilty of possessing drug paraphernalia. Russell argued the district court erred when it granted the State's motion in limine preventing him from cross-examining the arrest...

Richholt v. Hrdlicka
Date: November 9, 2016
Citation: 2016 ND 200
Docket Number: 20160087
North Dakota v. Patrick  
Date: November 9, 2016
Citation: 2016 ND 209
Docket Number: 20160091

Justia Opinion Summary: Watford City Police Officer Ryan Chaffee stopped Alexander Patrick because he had more than four white front facing lights on his truck, which Chaffee believed was a violation of N.D.C.C. 39-21-25(2). Chaffee testified P...

Harmon v. State
Date: November 9, 2016
Citation: 2016 ND 203
Docket Number: 20160101
Shermer v. State
Date: November 9, 2016
Citation: 2016 ND 207
Docket Number: 20160115
Patterson v. North Dakota  
Date: November 9, 2016
Citation: 2016 ND 212
Docket Number: 20160117

Justia Opinion Summary: Darrius Patterson appeals from a district court order and judgment denying his application for post-conviction relief. In October 2013 a jury found Patterson guilty of delivering cocaine within 1,000 feet of a school. In...

Overvold v. Overvold
Date: November 9, 2016
Citation: 2016 ND 199
Docket Number: 20160124
Dakota Outdoor Advertising, Inc. v. City of Bismarck  
Date: November 9, 2016
Citation: 2016 ND 210
Docket Number: 20160136

Justia Opinion Summary: Dakota Outdoor Advertising, LLC ("Dakota") appealed the district court's order affirming the Bismarck Board of Commissioner's ("Board") decision affirming the Bismarck Planning and Zoning Commission's ("Commission") deni...

Kardor v. State
Date: November 9, 2016
Citation: 2016 ND 205
Docket Number: 20160140
Koehly v. Levi  
Date: November 9, 2016
Citation: 2016 ND 202
Docket Number: 20160141

Justia Opinion Summary: Jesse Koehly appealed the district court judgment affirming a North Dakota Department of Transportation hearing officer's order suspending his driving privileges for 180 days. Koehly argued the implied consent law as to...

Hageness v. Slaubaugh
Date: November 9, 2016
Citation: 2016 ND 204
Docket Number: 20160161
New Public School District #8 v. State Board of Public School Education
Date: November 9, 2016
Citation: 2016 ND 201
Docket Numbers: 20160209, 20160210
In the Matter of A.J.S. and N.J.S.
Date: November 9, 2016
Citation: 2016 ND 198
Docket Number: 20160290
Interest of S.J.
Date: November 9, 2016
Citation: 2016 ND 206
Docket Number: 20160307
Curtiss v. Curtiss  
Date: October 17, 2016
Citation: 2016 ND 197
Docket Number: 20160064

Justia Opinion Summary: Spencer and Rebecca Curtiss were divorced and had two minor children. Spencer was awarded primary residential custody of the children by a district court in Sedgwick County, Kansas. Spencer moved to North Dakota in 2009...

Gillespie v. National Farmers Union Property & Casualty Co.  
Date: October 4, 2016
Citation: 2016 ND 193
Docket Number: 20160012

Justia Opinion Summary: Samantha Gillespie and her mother, Tina Taylor, appealed the grant of summary judgment dismissing their lawsuit against Taylor's motor vehicle insurer, National Farmers Union, for underinsured motor vehicle coverage. Gi...

City of Bismarck v. Pederson
Date: October 4, 2016
Citation: 2016 ND 191
Docket Number: 20160021
Ferguson v. City of Fargo  
Date: October 4, 2016
Citation: 2016 ND 194
Docket Number: 20160067

Justia Opinion Summary: The City of Fargo appealed a judgment declaring an ordinance relating to construction on property located near rivers unconstitutional under the equal protection clauses of the North Dakota and United States Constitution...

North Dakota v. Peterson  
Date: October 4, 2016
Citation: 2016 ND 192
Docket Number: 20160070

Justia Opinion Summary: Joshua Peterson pled guilty to class B felony burglary. Judgment was entered in which Peterson was sentenced to ten years imprisonment with five years suspended. Subsequently, the State moved the district court to correc...

Guardianship of W.B.T.
Date: October 4, 2016
Citation: 2016 ND 196
Docket Number: 20160118
Raap v. Lenton  
Date: October 4, 2016
Citation: 2016 ND 195
Docket Number: 20160122

Justia Opinion Summary: Tina Raap and Lance Lenton divorced in January 2011. They have one minor child. Lenton was a self-employed farmer. The district court awarded Raap primary residential responsibility of the child, and calculated Lenton's...

Estate of Ketterling  
Date: September 26, 2016
Citation: 2016 ND 190
Docket Number: 20160130

Justia Opinion Summary: Linda Ketterling was married to Larry Ketterling. They were the co-owners of L & L Rentals, and each owned a fifty percent membership interest in the company. Larry died on July 31, 2014. An application for the informal...

Reciprocal Discipline of Haderlie
Date: September 20, 2016
Citation: 2016 ND 189
Docket Number: 20160133
State v. Beylund
Date: September 15, 2016
Citation: 2016 ND 185
Docket Number: 20140105
State v. Birchfield
Date: September 15, 2016
Citation: 2016 ND 182
Docket Number: 20140109
State v. Washburn
Date: September 15, 2016
Citation: 2016 ND 186
Docket Number: 20140154
State v. Harns
Date: September 15, 2016
Citation: 2016 ND 184
Docket Number: 20140236
State v. Baxter
Date: September 15, 2016
Citation: 2016 ND 181
Docket Number: 20140325
State v. Kordonowy
Date: September 15, 2016
Citation: 2016 ND 183
Docket Number: 20140327
North Dakota v. Schmidt  
Date: September 15, 2016
Citation: 2016 ND 187
Docket Numbers: 20150277, 20150278

Justia Opinion Summary: In consolidated appeals, Deven Schmidt appealed district court orders deferring imposition of sentence after he conditionally pled guilty to possession of drug paraphernalia and conspiracy to deliver a controlled substan...

Interest of C.S., a child
Date: September 15, 2016
Citation: 2016 ND 188
Docket Numbers: 20150355, 20150356
State v. Grajczyk
Date: September 15, 2016
Citation: 2016 ND 180
Docket Number: 20160034
Matter of Mangelsen
Date: September 15, 2016
Citation: 2016 ND 179
Docket Number: 20160052
Hickey v. State
Date: September 15, 2016
Citation: 2016 ND 177
Docket Number: 20160109
Davies v. State
Date: September 15, 2016
Citation: 2016 ND 178
Docket Number: 20160120
Monster Heavy Haulers, LLC v. Goliath Energy Services, LLC  
Date: September 2, 2016
Citation: 2016 ND 176
Docket Numbers: 20160080, 20160081

Justia Opinion Summary: In consolidated appeals, Goliath Energy Services, LLC, and George Satterfield challenged orders denying their N.D.R.Civ.P. 60(b) motions to vacate default judgments entered against them in favor of Monster Heavy Haulers,...

Taszarek v. Welken  
Date: August 31, 2016
Citation: 2016 ND 172
Docket Number: 20150189

Justia Opinion Summary: Brian Welken appealed after a jury returned a verdict in favor of Eugene Taszarek, Marlys Taszarek, Trina Schilling, Steven Taszarek, and Michael Taszarek ("Taszareks") and against Lakeview Excavating, Inc., ("Lakeview")...

North Dakota v. Shaw  
Date: August 31, 2016
Citation: 2016 ND 171
Docket Number: 20150190

Justia Opinion Summary: In June 2014, the State charged Delvin Shaw with murder and burglary for allegedly shooting and killing Jose Lopez after breaking into his apartment. Shaw appealed. After review, the Supreme Court concluded that the dist...

City of Grand Forks v. Jacobson  
Date: August 31, 2016
Citation: 2016 ND 173
Docket Number: 20150326

Justia Opinion Summary: Nicole Jacobson appealed when the district court denied her motion to dismiss and she conditionally pled guilty to driving under suspension or revocation under Grand Forks City Code section 8-0201. After review, the Supr...

Garcia v. Levi  
Date: August 31, 2016
Citation: 2016 ND 174
Docket Number: 20160036

Justia Opinion Summary: Benjamin Garcia appealed a Department of Transportation hearing officer's decision revoking his driving privileges for 180 days. After review, the Supreme Court concluded a police officer's initial approach of Garcia's p...

Schmidt v. City of Minot  
Date: August 31, 2016
Citation: 2016 ND 175
Docket Number: 20160088

Justia Opinion Summary: In August 2014, the First Western Bank and Trust (Bank) applied for two variances from City of Minot zoning regulations for off-street parking after incorrectly calculating the size of an addition to its bank building. T...

Tangedal v. Mertens  
Date: August 25, 2016
Citation: 2016 ND 170
Docket Number: 20150324

Justia Opinion Summary: Joan and Shane Tangedal appealed the grant of summary judgment dismissing their negligence claim against the Lake Region District Health Unit and denying their motion to amend their complaint to add a Lake Region employe...

Adams v. Adams  
Date: August 24, 2016
Citation: 2016 ND 169
Docket Number: 20150365

Justia Opinion Summary: The district court granted the parties a divorce in April 2013 and after an October 2013 trial, issued an amended supplemental judgment in June 2014 dividing the parties' complex marital estate valued at approximately $4...

Horob v. Zavanna, LLC  
Date: August 23, 2016
Citation: 2016 ND 168
Docket Number: 20150203

Justia Opinion Summary: Sandra Horob, Steven Poeckes, Steve Shae, Mike Shae and Paul Shae, the successors to the interests of John and Bernice Shae ("Horob plaintiffs"), appealed the grant of summary judgment deciding ownership of an oil and ga...

North Dakota v. Engelhorn  
Date: August 22, 2016
Citation: 2016 ND 167
Docket Number: 20160058

Justia Opinion Summary: According to Deputy Sheriff Curt Olson's affidavit, he approached a running vehicle, responding to an early-morning report the vehicle was in a ditch. Olson saw the driver sleeping inside the vehicle. The driver identifi...

Vacancy in Judgeship No. 5, Northeast Central Judicial District
Date: August 19, 2016
Citation: 2016 ND 166
Docket Number: 20160193
2015 Application for Permit to Enter Land  
Date: August 18, 2016
Citation: 2016 ND 165
Docket Numbers: 20150311, 20150312

Justia Opinion Summary: In consolidated appeals, several landowners appealed district court orders granting the Cass County Joint Water Resource District (District) permission to enter their respective properties. The Landowners argued that the...

North Dakota v. Mercier  
Date: August 17, 2016
Citation: 2016 ND 160
Docket Number: 20150275

Justia Opinion Summary: Claude Mercier appealed after he pled guilty to possession of methamphetamine and possession of drug paraphernalia, reserving the right to appeal the denial of his motion to suppress evidence. Because the district court...

Snider v. Dickinson Elks Building, LLC  
Date: August 17, 2016
Citation: 2016 ND 162
Docket Number: 20150343

Justia Opinion Summary: Dickinson Elks Building, LLC, appealed after the district court forfeited a construction lien filed by Rick and Janan Snider, doing business as RJ Snider Construction, and awarded the Dickinson Elks attorney's fees. In D...

North Dakota v. Garnder  
Date: August 17, 2016
Citation: 2016 ND 161
Docket Number: 20150368

Justia Opinion Summary: Alfred Garnder appealed after a jury found him guilty of driving under the influence of alcohol and driving with a suspended license. On appeal, he argued the district court should not have denied his challenges of the p...

Ell v. Dep't of Transportation  
Date: August 17, 2016
Citation: 2016 ND 164
Docket Number: 20160068

Justia Opinion Summary: Petitioner-appellant Tyler Ell appealed the affirmance of a Department of Transportation decision to suspend his driving privileges for 91 days. Ell argued the Department erred in suspending his license because there was...

New Public Sch. Dist. #8 v. North Dakota Bd. of Public Sch. Edu.  
Date: August 17, 2016
Citation: 2016 ND 163
Docket Number: 20160093

Justia Opinion Summary: New Public School District #8 appealed a judgment affirming the State Board of Public School Education's decision approving annexation of certain real properties to the Williston School District. New Public School Distri...

North Dakota v. Heier  
Date: July 28, 2016
Citation: 2016 ND 158
Docket Number: 20160039

Justia Opinion Summary: In 2014, the landlord of a Bismarck apartment building called police to report an odor of marijuana coming from apartment 10. Noah Hoffer rented apartment 10. Three Bismarck Police officers responded to the call and note...

State v. Hoffer
Date: July 28, 2016
Citation: 2016 ND 159
Docket Number: 20160040
Peterson v. Peterson  
Date: July 26, 2016
Citation: 2016 ND 157
Docket Number: 20150363

Justia Opinion Summary: Robert and Vineca Peterson divorced in 1996. The district court ordered Robert to pay spousal support of $1,500 per month until Vineca either died or remarried. In January 2015 Vineca petitioned the district court to fin...

Interest of D.W.  
Date: July 25, 2016
Citation: 2016 ND 156
Docket Number: 20160002

Justia Opinion Summary: D.W. was civilly committed as a sexually dangerous individual in June 2004. D.W. requested discharge from civil commitment in December 2014. The district court found the State's expert, Dr. Jennifer Krance, and the indep...

Rebel v. Rebel  
Date: July 20, 2016
Citation: 2016 ND 144
Docket Number: 20150066

Justia Opinion Summary: Helen and Rodney Rebel were married in 1989 and owned a farming and ranching operation. In 2010, Helen Rebel sued for divorce. They had two children, one of whom was a minor at the time of the divorce. Helen Rebel appeal...

North Dakota v. Francis  
Date: July 20, 2016
Citation: 2016 ND 154
Docket Number: 20150280

Justia Opinion Summary: Curtis Francis and another man, Michael Dax, were collecting signatures near the Jamestown Civic Center, a designated polling place, on voting day. They were doing so in an effort to get an initiated measure regarding en...

North Dakota v. Davis  
Date: July 20, 2016
Citation: 2016 ND 145
Docket Number: 20150287

Justia Opinion Summary: Charles Davis II appealed a district court's order denying his motion for discharge from his conditional release from the North Dakota State Hospital. In April 2011, the State charged Charles Davis II with murder and the...

City of Napoleon v. Kuhn  
Date: July 20, 2016
Citation: 2016 ND 150
Docket Number: 20150327

Justia Opinion Summary: In 2013, Leona Kuhn was charged in Napoleon Municipal Court with improper disposal of refuse in violation of Napoleon city ordinance 10.0310. After her house had been severely damaged by fire, Kuhn disposed of debris fro...

Ratliff v. North Dakota  
Date: July 20, 2016
Citation: 2016 ND 149
Docket Number: 20150330

Justia Opinion Summary: Allen Ratliff appealed from an order dismissing his application for postconviction relief. A jury found Ratliff and two others guilty of robbery, burglary, two counts of aggravated assault, theft of property, and felonio...

Garaas v. Cass County Joint Water Resource District  
Date: July 20, 2016
Citation: 2016 ND 148
Docket Number: 20150350

Justia Opinion Summary: Jonathan Garaas appeals after a district court entered a judgment of dismissal for lack of subject matter jurisdiction. In 2015, the Cass County Joint Water District ("District") ordered the establishment of an assessmen...

Sandahl v. City Council of the City of Larimore  
Date: July 20, 2016
Citation: 2016 ND 155
Docket Number: 20150364

Justia Opinion Summary: In September 2014, the City of Larimore served the Sandahls with a notice of a public nuisance and order to repair or demolish buildings on three parcels of their property. Lonny and Lilian Sandahl appealed the denial of...

Hieb v. North Dakota  
Date: July 20, 2016
Citation: 2016 ND 146
Docket Number: 20160019

Justia Opinion Summary: David Hieb appealed the district court's order denying his application for post-conviction relief. In 2005, Hieb was charged with conspiracy to commit murder. The information was amended to include an additional charge o...

White Bird v. North Dakota  
Date: July 20, 2016
Citation: 2016 ND 147
Docket Number: 20160025

Justia Opinion Summary: Damon White Bird appeals an order denying his application for post-conviction relief. In 2013 the State charged White Bird with attempted murder, a class A felony; two counts of felonious restraint, class C felonies; tam...

Klein v. Klein  
Date: July 20, 2016
Citation: 2016 ND 153
Docket Number: 20160043

Justia Opinion Summary: Scott Klein appealed, and Janis Klein cross-appealed, a district court order denying Scott's motion to terminate spousal support. In the divorce judgment, the district court awarded Janis permanent spousal support of $4,...

North Dakota v. Asbach  
Date: July 20, 2016
Citation: 2016 ND 152
Docket Number: 20160055

Justia Opinion Summary: Tyler Asbach appealed the district court's criminal judgment entered on a conditional plea of guilty, reserving the right to appeal and seeking review of the order denying his motion to suppress evidence. On appeal, Asba...

North Dakota v. Horning  
Date: July 20, 2016
Citation: 2016 ND 151
Docket Number: 20160086

Justia Opinion Summary: The State appealed a district court order on remand denying the forfeiture of $16,420 in U.S. currency seized by law enforcement during a traffic stop. Because the district court's order relied on an erroneous applicatio...

Interest of E.P.
Date: July 20, 2016
Citation: 2016 ND 143
Docket Numbers: 20160184, 20160185, 20160186
Bjorneby v. Nodak Mutual Insurance Company  
Date: July 7, 2016
Citation: 2016 ND 142
Docket Number: 20150255

Justia Opinion Summary: The Bjornebys insured their farming operation with a Nodak Mutual insurance policy. Bryan Hurst was their insurance agent. During potato harvest, a fire started in the break room of the Bjornebys' potato washing facility...

Constellation Development, LLC v. Western Trust Co.  
Date: July 7, 2016
Citation: 2016 ND 141
Docket Number: 20150319

Justia Opinion Summary: Constellation Development, LLC, appealed dismissal of its claims against Western Trust Company and its trustee, Gary Hoffman (collectively "Western"), for breach of contract and equitable and promissory estoppel, and aga...

North Dakota v. Williams  
Date: June 30, 2016
Citation: 2016 ND 132
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 ar...

McCluskey v. McCluskey
Date: June 30, 2016
Citation: 2016 ND 122
Docket Number: 20150268
Riemers v. Hill  
Date: June 30, 2016
Citation: 2016 ND 137
Docket Number: 20150276

Justia Opinion Summary: Roland Riemers twice sued Heidee Hill, her husband, Jason Hill, and her three children, Hannah Hill, Ashley Roesler, and Hailey Marie Hill, for unpaid rent, late fees, property damage, and punitive damages arising out of...

Viscito v. Christianson  
Date: June 30, 2016
Citation: 2016 ND 139
Docket Number: 20150285

Justia Opinion Summary: Matthew Viscito sued Kevin Christianson asserting claims regarding the parties' agreement to build, own, and lease a hospital. On August 1, 2013, the district court granted Christianson's motion to compel arbitration, or...

Jangula v. N.D. Dep't of Transportation  
Date: June 30, 2016
Citation: 2016 ND 116
Docket Number: 20150286

Justia Opinion Summary: Jody Jangula appealed a district court judgment affirming a Department of Transportation hearing officer's decision suspending his driving privileges for two years. In January 2015 Jangula was charged with actual physica...

North Dakota v. Baker  
Date: June 30, 2016
Citation: 2016 ND 133
Docket Number: 20150307

Justia Opinion Summary: Justin Baker appealed after a jury found him guilty of escape. While Baker was serving jail time at the Grand Forks County Correctional Center, he was granted temporary leave. He failed to return, and was charged with es...

North Dakota v. Carlson  
Date: June 30, 2016
Citation: 2016 ND 130
Docket Number: 20150338

Justia Opinion Summary: According to S.S.'s testimony, she invited defendant-appellant Brandon Carlson to her residence to watch a movie with her and T.P. During the movie, both S.S. and T.P. fell asleep. According to T.P.'s testimony, she awok...

North Dakota v. Beaulieu  
Date: June 30, 2016
Citation: 2016 ND 128
Docket Number: 20150345

Justia Opinion Summary: As was relevant in this appeal, the State charged defendant-appellant Mark Beaulieu with refusal to halt and disorderly conduct. At trial, a police officer testified he saw Beaulieu leaving the scene of a reported distur...

Limberg v. Sanford Medical Center Fargo  
Date: June 30, 2016
Citation: 2016 ND 140
Docket Number: 20150348

Justia Opinion Summary: According to the complaint, Dustin Limberg sought emergency department care and treatment at Sanford Medical Center Fargo. He did not have insurance and was asked to sign, and did sign, Sanford's "Statement of Financial...

Ratliff v. North Dakota  
Date: June 30, 2016
Citation: 2016 ND 129
Docket Number: 20150352

Justia Opinion Summary: A jury found Nathan Ratliff guilty of robbery, burglary, aggravated assault, theft of property, and felonious restraint. Ratliff filed an application for post-conviction relief in October 2014. Ratliff was appointed coun...

North Dakota v. Clayton  
Date: June 30, 2016
Citation: 2016 ND 131
Docket Number: 20150357

Justia Opinion Summary: According to a police affidavit, officers responding to a reported disturbance observed one man holding another man in a headlock and repeatedly punching his face. The men were identified as defendant-appellant Benjamin...

North Dakota v. Hirschkorn  
Date: June 30, 2016
Citation: 2016 ND 117
Docket Number: 20160003

Justia Opinion Summary: John Hirschkorn moved to suppress evidence obtained in a traffic stop resulting in his arrest for driving under the influence. According to testimony at the suppression hearing, a McLean County Sheriff's deputy responded...

State v. Phelps
Date: June 30, 2016
Citation: 2016 ND 125
Docket Number: 20160004
Robinson v. State
Date: June 30, 2016
Citation: 2016 ND 127
Docket Number: 20160026
Lohmann v. N.D. Dep't of Transportation
Date: June 30, 2016
Citation: 2016 ND 126
Docket Number: 20160027
Zajac v. Traill County Water Resource District  
Date: June 30, 2016
Citation: 2016 ND 134
Docket Number: 20160028

Justia Opinion Summary: In June 2014, the Traill County Water Resource District initially approved Patricia Bertsch's application to install subsurface drain tile on her land, conditioned on her obtaining flowage easements from affected landown...

Bartholomay v. Plains Grain & Agronomy, LLC  
Date: June 30, 2016
Citation: 2016 ND 138
Docket Number: 20160030

Justia Opinion Summary: Penny Bartholomay, individually for herself and the heirs of her deceased husband, Jon Bartholomay, appealed a judgment dismissing her wrongful death action against Jon Bartholomay's former employer, Plains Grain & Agron...

Johnson v. State
Date: June 30, 2016
Citation: 2016 ND 120
Docket Number: 20160031
North Dakota v. Putney  
Date: June 30, 2016
Citation: 2016 ND 135
Docket Number: 20160033

Justia Opinion Summary: On June 15, 2014, Minot police arrested defendant-appellant Robert Putney for allegedly assaulting his girlfriend. The City of Minot charged Putney with simple assault for violating a city ordinance. On June 16, 2014, Pu...

Matthews v. North Dakota
Date: June 30, 2016
Citation: 2016 ND 123
Docket Number: 20160037
Beeter v. State
Date: June 30, 2016
Citation: 2016 ND 119
Docket Number: 20160041
Comes v. State
Date: June 30, 2016
Citation: 2016 ND 118
Docket Number: 20160056
Halo Holdings Group, LLLP v. Bird Industries, Inc.
Date: June 30, 2016
Citation: 2016 ND 121
Docket Number: 20160077
Interest of G.A.S.  
Date: June 30, 2016
Citation: 2016 ND 136
Docket Number: 20160212

Justia Opinion Summary: On May 12, 2016, G.A.S.'s mother petitioned for involuntary commitment at St. Alexius Medical Center in Bismarck after hospital personnel became concerned about G.A.S.'s health because he refused psychiatric medication....

Interest of M.S.
Date: June 30, 2016
Citation: 2016 ND 124
Docket Number: 20160230
PHI Financial Services, Inc. v. Johnston Law Office, P.C.  
Date: June 10, 2016
Citation: 2016 ND 114
Docket Number: 20150301

Justia Opinion Summary: Johnston Law Office, P.C. appealed an order compelling discovery and finding it in contempt of court. PHI Financial Services, Inc., ("PHI") sued Johnston for alleged fraudulent transfers relating to a federal crop paymen...

Disciplinary Board v. Ward
Date: June 10, 2016
Citation: 2016 ND 115
Docket Number: 20150354
Disciplinary Board v. Ward
Date: June 9, 2016
Citation: 2016 ND 113
Docket Number: 20150337
Norman v. State
Date: June 8, 2016
Citation: 2016 ND 112
Docket Number: 20150298
North Dakota v. Musselman  
Date: June 7, 2016
Citation: 2016 ND 111
Docket Number: 20150250

Justia Opinion Summary: According to testimony at the suppression hearing, in October 2013, Fargo Police Officer Matt Christensen received information from a department detective that defendant-appellant Chili Musselman would be traveling from...

Disciplinary Board v. Enget
Date: June 6, 2016
Citation: 2016 ND 110
Docket Number: 20160139
Holkesvig v. VandeWalle  
Date: June 2, 2016
Citation: 2016 ND 107
Docket Number: 20150246

Justia Opinion Summary: This case was another in an endless stream of repetitive actions stemming from Randy Holkesvig's 2008 stalking charge to which he pled guilty. Under a negotiated plea agreement, Holkesvig pled guilty to stalking in excha...

Holkesvig v. Maring
Date: June 2, 2016
Citation: 2016 ND 109
Docket Number: 20150247
Holkesvig v. Edison
Date: June 2, 2016
Citation: 2016 ND 108
Docket Number: 20150266
Rath v. Rath  
Date: June 2, 2016
Citation: 2016 ND 105
Docket Number: 20150336

Justia Opinion Summary: Mark and Kayla Rath were divorced in January 2013. Kayla was awarded primary residential responsibility of the couple's children. Mark was awarded supervised parenting time. Mark filed a motion for an order to show cause...

Jury v. Barnes County Municipal Airport Authority  
Date: June 2, 2016
Citation: 2016 ND 106
Docket Number: 20150374

Justia Opinion Summary: Lori Jury appealed a district court's order denying her motion to vacate a summary judgment. Jury argued the district court should have provided notice of the summary judgment hearing independent of the notice provided b...

Vogel v. Marathon Oil Corporation  
Date: May 31, 2016
Citation: 2016 ND 104
Docket Number: 20150154

Justia Opinion Summary: Sarah Vogel appealed a district court judgment dismissing without prejudice her complaint against Marathon Oil Company. Marathon operated the Elk USA 11-17H well in Mountrail County. The well began producing in 2011 and...

Holverson v. Lundberg  
Date: May 31, 2016
Citation: 2016 ND 103
Docket Number: 20150313

Justia Opinion Summary: Susan Lundberg, as Trustee of the Gabriel J. Brown Trust, appealed the grant of summary judgment quieting title in a tract of land to Greg Holverson, directing the Trust to convey the land to Holverson, and dismissing th...

City of Bismarck v. Sokalski  
Date: May 26, 2016
Citation: 2016 ND 94
Docket Number: 20150151

Justia Opinion Summary: Barbara Sokalski appealed after a jury convicted her of driving a vehicle under the influence of alcohol. After review of the arguments she made on appeal, the North Dakota Supreme Court concluded the district court did...

Thompson v. North Dakota  
Date: May 26, 2016
Citation: 2016 ND 101
Docket Number: 20150157

Justia Opinion Summary: Ronald Thompson appealed an order denying his application for post-conviction relief. In 1991 Thompson was charged with gross sexual imposition and received a court appointed defense lawyer. In 1992 Thompson pled guilty...

Guardianship/Conservatorship of R.G.  
Date: May 26, 2016
Citation: 2016 ND 96
Docket Number: 20150184

Justia Opinion Summary: K.P. appealed an order appointing a conservator and co-guardians for his adult uncle, R.G. In September 2014, R.G. lived in one of several mobile homes on land in rural McKenzie County owned by him and members of his fam...

Cheetah Properties 1, LLC v. Panther Pressure Testers, Inc.  
Date: May 26, 2016
Citation: 2016 ND 102
Docket Number: 20150198

Justia Opinion Summary: Cheetah Properties 1, LLC and Panther Pressure Testers, Inc. entered into a commercial lease agreement with an initial term that commenced on April 15, 2014, and ended on December 31, 2014. On January 19, 2015, Cheetah b...

Schmuck v. Schmuck  
Date: May 26, 2016
Citation: 2016 ND 87
Docket Number: 20150210

Justia Opinion Summary: Alane Schmuck, now known as Alane Dosmann, appeals from a district court's divorce judgment denying her an award of spousal support and declining to retain jurisdiction over spousal support. Dosmann filed for divorce in...

North Dakota v. Wilkie  
Date: May 26, 2016
Citation: 2016 ND 97
Docket Numbers: 20150214, 20150215

Justia Opinion Summary: Taylor Wilkie appealed an order revoking bail and forfeiting bond after the district court found he violated a condition of the bond order relating to his arrest for a drug crime. Wilkie argued the court erred by requiri...

26th Street Hospitality v. Real Builders  
Date: May 26, 2016
Citation: 2016 ND 95
Docket Number: 20150259

Justia Opinion Summary: 26th Street Hospitality, LLP appealed a district court's order granting a motion to compel arbitration; order lifting a stay in the proceedings, confirming the arbitration award, and awarding post-judgment interest; and...

North Dakota v. Van Zomeren  
Date: May 26, 2016
Citation: 2016 ND 98
Docket Number: 20150267

Justia Opinion Summary: Austin Van Zomeren appealed after a jury found him guilty of driving with a blood alcohol concentration of at least .08 percent. Before trial, Van Zomeren moved to suppress the blood test, arguing he did not voluntarily...

North Dakota v. Rogahn  
Date: May 26, 2016
Citation: 2016 ND 93
Docket Number: 20150297

Justia Opinion Summary: In 2013, a confidential informant ("CI") working with the Ward County Narcotics Task Force met with and purchased a substance from Trisha Engstrom. The substance was identified as likely being marijuana. Engstrom left th...

State v. Trower
Date: May 26, 2016
Citation: 2016 ND 88
Docket Number: 20150306
Grzeskowiak v. North Dakota  
Date: May 26, 2016
Citation: 2016 ND 99
Docket Number: 20150325

Justia Opinion Summary: Peter Grzeskowiak appealed an order summarily denying his application for post-conviction relief. In 2013, Grzeskowiak was charged with physical obstruction of a government function and two counts of mistreating animals...

North Dakota v. Andres  
Date: May 26, 2016
Citation: 2016 ND 90
Docket Number: 20150328

Justia Opinion Summary: North Dakota and Shannon Strating appealed a district court order granting Strating and Ken Andres equal residential responsibility of Strating and Andres' child. Strating and Andres were the non-marital parents of one c...

State v. Timm
Date: May 26, 2016
Citation: 2016 ND 92
Docket Number: 20150332
The Next Step v. Redmon  
Date: May 26, 2016
Citation: 2016 ND 85
Docket Number: 20150333

Justia Opinion Summary: The Next Step, an unincorporated association, and Jamie Redmon, an individual, both claimed title to residential real property in Minot. Both parties claimed ownership through different quitclaim deeds they alleged were...

Plains Marketing, LP v. Mountrail Cty. Bd. of Cty. Comm'rs  
Date: May 26, 2016
Citation: 2016 ND 100
Docket Number: 20150346

Justia Opinion Summary: Plains Marketing, LP and Van Hook Crude Terminal, LLC, appealed an order affirming a Mountrail County Board of County Commissioners' decision to deny their application for an abatement of 2013 real estate taxes for three...

Kapple v. N.D. Dep't of Transportation
Date: May 26, 2016
Citation: 2016 ND 86
Docket Number: 20160029
Interest of Thill
Date: May 26, 2016
Citation: 2016 ND 89
Docket Number: 20160047
Interest of N.A.  
Date: May 26, 2016
Citation: 2016 ND 91
Docket Number: 20160099

Justia Opinion Summary: The State petitioned to terminate a father's and mother's parental rights in October 2015. The father received the petition, affidavit in support of termination and an affidavit of mailing while incarcerated at the Richl...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

North Dakota v. Mann  
Date: March 15, 2016
Citation: 2016 ND 53
Docket Number: 20150069

Justia Opinion Summary: Ruthie Mann appealed a district court order denying her motion to dismiss a criminal charge for refusing to submit to chemical testing, and the resulting criminal judgment sentencing her to five years in prison with all...

North Dakota v. James  
Date: March 15, 2016
Citation: 2016 ND 68
Docket Number: 20150111

Justia Opinion Summary: Bo James appealed a judgment entered after the district court denied his motion to suppress evidence and he conditionally pled guilty to driving under the influence. After review, the Supreme Court concluded sufficient e...

North Dakota v. Keller  
Date: March 15, 2016
Citation: 2016 ND 63
Docket Number: 20150132

Justia Opinion Summary: Peggy Keller appealed after a jury found her guilty of refusing to submit to alcohol testing. At trial, Keller asked the district court to instruct the jury that an individual accused of driving under the influence had a...

Martire' v. Martire'  
Date: March 15, 2016
Citation: 2016 ND 57
Docket Number: 20150139

Justia Opinion Summary: This case was a continuation of "contentious" divorce proceedings between parties who "accumulated significant assets during their marriage." Sandra Hendricksen Martire appealed from an amended divorce judgment modifying...

Eagleman v. North Dakota  
Date: March 15, 2016
Citation: 2016 ND 54
Docket Number: 20150145

Justia Opinion Summary: In 2002, Matthew Eagleman pled guilty to gross sexual imposition and harboring a runaway. After twice violating his probation, the district court revoked Eagleman's probation and sentenced him in 2011. This 2011 sentence...

Werven v. Werven  
Date: March 15, 2016
Citation: 2016 ND 60
Docket Number: 20150201

Justia Opinion Summary: Ralph Werven appealed his judgment of divorce which divided the marital estate and awarded Laurita Werven spousal support. Ralph Werven also appealed post-judgment orders denying his motion to alter or amend the judgment...

City of Grand Forks v. Gale  
Date: March 15, 2016
Citation: 2016 ND 58
Docket Number: 20150204

Justia Opinion Summary: In 1995, Jason Gale was cited for driving under the influence. Gale retained attorney Henry Howe to represent him. Howe requested a jury trial. Although the record did not contain information regarding plea negotiations...

Schurmann v. Schurmann  
Date: March 15, 2016
Citation: 2016 ND 69
Docket Number: 20150206

Justia Opinion Summary: Patricia Schurmann (now Heidt), appealed after the district court modified parenting time and child support. She argued the district court failed to properly weigh evidence of domestic violence in increasing Ralf Schurma...

State v. Quantz
Date: March 15, 2016
Citation: 2016 ND 55
Docket Number: 20150208
State v. Odermann
Date: March 15, 2016
Citation: 2016 ND 51
Docket Number: 20150216
Matuska v. State
Date: March 15, 2016
Citation: 2016 ND 52
Docket Number: 20150235
Woody v. Pembina County Annual Fair & Exhibition Association  
Date: March 15, 2016
Citation: 2016 ND 56
Docket Number: 20150236

Justia Opinion Summary: Audra Woody attended a fireworks display at the Pembina County Fair in Hamilton, N.D. The Fair is a non-profit and tax-exempt corporation. The Fair offered a fireworks display to the public free of charge. Woody did not...

North Dakota v. Putney  
Date: March 15, 2016
Citation: 2016 ND 59
Docket Number: 20150237

Justia Opinion Summary: Robert Putney assaulted a woman on the night of June 15, 2014. According to police affidavits, Putney brought an injured woman to a Minot hospital. Medical personnel observed the woman had abrasions on her face, an injur...

APM, LLP v. TCI Insurance Agency, Inc.  
Date: March 15, 2016
Citation: 2016 ND 66
Docket Number: 20150243

Justia Opinion Summary: APM, a property management company, sought a builders risk insurance policy from TCI Insurance Agency, Inc. to cover an apartment building under construction in Fargo. Jay Alsop, APM's president, discussed insurance poli...

Degnan v. Degnan  
Date: March 15, 2016
Citation: 2016 ND 61
Docket Number: 20150244

Justia Opinion Summary: Barbara Degnan appealed a district court order denying her motion for amended findings of fact and new trial following her divorce. Barbara Degnan argued the district court erred when it divided the marital property, awa...

North Dakota v. Costa  
Date: March 15, 2016
Citation: 2016 ND 65
Docket Number: 20150248

Justia Opinion Summary: Corey Costa appealed a judgment entered after a jury found him guilty of gross sexual imposition. Costa argued the prosecutor's closing argument misstated the evidence and improperly vouched for evidence. After review of...

Cudmore v. N.D. Dep't of Transportation  
Date: March 15, 2016
Citation: 2016 ND 64
Docket Number: 20150282

Justia Opinion Summary: In March 2015, Craig Cudmore was arrested for driving under the influence of alcohol ("DUI") after his responses to the deputy's requests to submit to a chemical blood test were deemed a refusal. Cudmore appealed the dis...

Curtiss v. North Dakota  
Date: March 15, 2016
Citation: 2016 ND 62
Docket Number: 20150284

Justia Opinion Summary: Spencer Curtiss was convicted of gross sexual imposition. He appealed a district court order denying his request for relief from an order denying his application for post-conviction relief. He also appealed an order den...

Erickstad v. State
Date: March 15, 2016
Citation: 2016 ND 49
Docket Number: 20150303
Matter of K.J.C.  
Date: March 15, 2016
Citation: 2016 ND 67
Docket Number: 20150373

Justia Opinion Summary: D.V.T., the father of minor child K.J.C., appealed a district court's final decree of adoption, terminating his parental rights and granting a petition for step-parent adoption. The father argued the district court clear...

Interest of C.S.
Date: March 15, 2016
Citation: 2016 ND 50
Docket Number: 20160009
Aker v. Neiber
Date: March 3, 2016
Citation: 2016 ND 47
Docket Number: 20150229
Vogt v. State
Date: March 3, 2016
Citation: 2016 ND 48
Docket Number: 20150279
Hiltner v. Owners Ins. Co.  
Date: February 24, 2016
Citation: 2016 ND 45
Docket Number: 20140308

Justia Opinion Summary: In 2010, Amy Hiltner was seriously injured when she fell off the trunk of a moving vehicle driven by Samantha Denault. Denault's insurer paid Hiltner its liability limit under a policy covering the vehicle. Owners Insura...

Rath v. Rath  
Date: February 24, 2016
Citation: 2016 ND 46
Docket Number: 20150088

Justia Opinion Summary: In January 2013, Mark Rath and Kayla Rath divorced. The divorce judgment awarded Kayla primary residential responsibility for the parties' two children, and Mark received supervised parenting time at the Family Safety Ce...

Kittleson v. Grynberg Petroleum Company  
Date: February 22, 2016
Citation: 2016 ND 44
Docket Number: 20150075

Justia Opinion Summary: The successors to the interest of the Grynberg Petroleum Company appealed a trial court's conclusion that Grynberg wrongfully deducted certain costs from gas royalties paid to Tyronne Kittleson, as trustee of the Tyronne...

Nodak Mutual Ins. Co. v. Koller  
Date: February 22, 2016
Citation: 2016 ND 43
Docket Number: 20150079

Justia Opinion Summary: In 2011, Chase Koller and his girlfriend Stephanie Nelson were killed when Koller allegedly lost control of an all-terrain vehicle. Nelson was the mother of G.K., a child from a previous relationship. Becky Anderson, Kol...

North Dakota v. Anderson  
Date: February 18, 2016
Citation: 2016 ND 28
Docket Number: 20150015

Justia Opinion Summary: In March 2013, the State charged Ryan Anderson with class AA felony murder after he killed Christopher King by stabbing him four times at Capitol Lodge "man camp" near Tioga. Anderson appealed after a jury found him guil...

Dieterle v. Dieterle  
Date: February 18, 2016
Citation: 2016 ND 36
Docket Number: 20150087

Justia Opinion Summary: Angela Dieterle (now Hansen) appealed an order finding her in contempt of court for failing to cooperate in the sale of marital property and failing to follow a parenting plan. After review, the Supreme Court concluded t...

Brouillet v. Brouillet  
Date: February 18, 2016
Citation: 2016 ND 40
Docket Number: 20150097

Justia Opinion Summary: Marsha Brouillet appealed a divorce judgment that granted primary residential responsibility for the parties' two younger children to Bradley Brouillet, awarded him child support, and divided the parties' marital estate....

Desert Partners IV, L.P. v. Benson  
Date: February 18, 2016
Citation: 2016 ND 37
Docket Number: 20150105

Justia Opinion Summary: John Benson appealed the grant of summary judgment quieting title in disputed mineral interests in Desert Partners IV, L.P. Benson argued the district court erred in concluding Desert Partners and Family Tree Corporation...

Black Gold Oil Field Services, LLC v. City of Williston  
Date: February 18, 2016
Citation: 2016 ND 30
Docket Number: 20150112

Justia Opinion Summary: The City of Williston shut down a man camp because of the lack of a fire protection system. Black Gold Oil Field Services applied and received multiple extensions for time to install the system, and finally got approved...

Estate of Vaage  
Date: February 18, 2016
Citation: 2016 ND 32
Docket Number: 20150121

Justia Opinion Summary: Correne Vaage, surviving spouse and special personal representative of the Estate of Lowell H. Vaage, appealed a judgment dismissing its claim to reform a personal representative's deed issued by the John Vaage estate to...

Erickson v. Olsen  
Date: February 18, 2016
Citation: 2016 ND 33
Docket Number: 20150153

Justia Opinion Summary: Appellants Dean Olsen, Susan Olsen, Bobby Olsen, Clee Raye Olsen, and Marion Bergquist, three stepchildren of Clarence Erickson and two spouses of the stepchildren, appealed a judgment granting a motion by Clarence Erick...

State v. Stensaker
Date: February 18, 2016
Citation: 2016 ND 27
Docket Numbers: 20150164, 20150165
Annexation of a Part of Lewis & Clark Public Sch. Dist.  
Date: February 18, 2016
Citation: 2016 ND 41
Docket Number: 20150182

Justia Opinion Summary: Dwight Johnson and Darin Vangsness appealed from a judgment affirming the State Board of Public School Education's decision to deny their petition for annexation of property from one school district to another. Johnson a...

Haag v. Haag  
Date: February 18, 2016
Citation: 2016 ND 34
Docket Number: 20150193

Justia Opinion Summary: Heather Haag and Michael Haag were married in 2000 and have one minor child together. The parties divorced in 2009, and the district court adopted the parties' stipulation and ordered the parties have equal residential r...

Interest of Johnson  
Date: February 18, 2016
Citation: 2016 ND 29
Docket Number: 20150217

Justia Opinion Summary: Jeremy Johnson appealed a district court order continuing his commitment as a sexually dangerous individual. He argued the district court's findings were insufficient to demonstrate he had serious difficulty controlling...

North Dakota v. McClary  
Date: February 18, 2016
Citation: 2016 ND 31
Docket Number: 20150218

Justia Opinion Summary: Pro se defendant-appellant Michael McClary appealed orders denying his motion to correct an illegal sentence and denying his motion for reconsideration. In April 2011, McClary was charged with five counts of gross sexual...

North Dakota v. Reddig  
Date: February 18, 2016
Citation: 2016 ND 39
Docket Number: 20150224

Justia Opinion Summary: Defendant-appellant Bryan Reddig appealed after a jury found him guilty of conspiracy to deliver a controlled substance. He argued the district court should have granted his motion for a judgment of acquittal. He also ar...

Interest of G.L.D.
Date: February 18, 2016
Citation: 2016 ND 25
Docket Number: 20150226
North Dakota v. Goodale  
Date: February 18, 2016
Citation: 2016 ND 35
Docket Number: 20150230

Justia Opinion Summary: In June 2015, the State began this civil action against Patricia Goodale, contending that her home was a public nuisance. The Walsh County sheriff's office personally served Goodale with the summons and complaint. On Aug...

Benson v. State
Date: February 18, 2016
Citation: 2016 ND 22
Docket Number: 20150232
Sand v. Job Service  
Date: February 18, 2016
Citation: 2016 ND 38
Docket Number: 20150238

Justia Opinion Summary: Friends of Duane Sand 2012 was a political campaign committee formed for the 2012 election of Duane Sand as a United States Senator from North Dakota. Friends of Duane Sand ceased operation in June 2012, when Sand was de...

Interest of G.L.D.
Date: February 18, 2016
Citation: 2016 ND 26
Docket Number: 20150245
Williston Education Association v. Williston Public School Dist. No. 1  
Date: February 18, 2016
Citation: 2016 ND 42
Docket Number: 20150256

Justia Opinion Summary: The Williston Education Association ("WEA") sued the Williston Public School District No. 1 ("District") on behalf of Williston middle school teachers. The WEA claimed the District owed teachers compensation for extra cl...

Gomez v. State
Date: February 18, 2016
Citation: 2016 ND 23
Docket Number: 20150258
Interest of N.C.
Date: February 18, 2016
Citation: 2016 ND 24
Docket Number: 20150367
Vacancies in Judgeship Nos. 7 and 2, SEJD
Date: February 16, 2016
Citation: 2016 ND 21
Docket Numbers: 20160001, 20160011
PHI Financial Services, Inc. v. Johnston Law Office, P.C.  
Date: January 26, 2016
Citation: 2016 ND 20
Docket Number: 20150008

Justia Opinion Summary: In 2007, Thomas and Mari Grabanski and John and Dawn Keeley formed Keeley Grabanski Land Partnership for the purpose of purchasing land in Texas. In 2008 the Grabanskis and Keeleys formed G & K Farms for the purpose of f...

Titan Machinery, Inc. v. Patterson Enterprises, Inc.  
Date: January 21, 2016
Citation: 2016 ND 19
Docket Number: 20150025

Justia Opinion Summary: Patterson Enterprises, Inc., appealed and Titan Machinery, Inc., cross-appealed a judgment and an order denying their post-judgment motions after the district court ordered Patterson to pay Titan $88,707.75 due under sev...

Estate of Glasoe v. Williams County  
Date: January 19, 2016
Citation: 2016 ND 18
Docket Number: 20150095

Justia Opinion Summary: Darwin Glasoe was the record title holder to a home in Williston when he died in 2003. His widow was appointed the personal representative of the estate, but she died shortly thereafter. No action was taken to further es...

North Dakota v. Ballard  
Date: January 14, 2016
Citation: 2016 ND 8
Docket Number: 20140333

Justia Opinion Summary: Jeremy Ballard appealed a district court judgment after he conditionally pled guilty to drug charges, reserving the right to challenge the denial of his motion to suppress evidence. He argued the district court should ha...

Wanttaja v. Wanttaja  
Date: January 14, 2016
Citation: 2016 ND 14
Docket Number: 20140436

Justia Opinion Summary: Caroline Wanttaja appealed a divorce judgment and from an order denying her motion to correct a clerical error or for a new trial. After review of the matter, the Supreme Court concluded the district court did not abuse...

State v. Suelzle
Date: January 14, 2016
Citation: 2016 ND 4
Docket Number: 20150004
Palmer v. 999 Quebec, Inc.  
Date: January 14, 2016
Citation: 2016 ND 17
Docket Number: 20150031

Justia Opinion Summary: Deborah Palmer, surviving spouse of Gary J. Palmer, appeals from a summary judgment dismissing Palmer's negligence claim against A.W. Kuettel & Sons, Inc. Gary Palmer was diagnosed with mesothelioma, a form of cancer, in...

North Dakota v. Knox  
Date: January 14, 2016
Citation: 2016 ND 15
Docket Number: 20150125

Justia Opinion Summary: Dustin Knox was arrested and charged with possession of a controlled substance, possession of drug paraphernalia and driving while his license was suspended. He appealed his eventual conviction, arguing the district cour...

Johnson v. State
Date: January 14, 2016
Citation: 2016 ND 3
Docket Number: 20150130
North Dakota v. Hannah  
Date: January 14, 2016
Citation: 2016 ND 11
Docket Number: 20150144

Justia Opinion Summary: Watford City Police responded to a call reporting an assault occurring in a vehicle parked along a downtown street. The reporting witness alleged to have seen an individual in the vehicle's driver's seat repeatedly hitti...

North Dakota v. Horning  
Date: January 14, 2016
Citation: 2016 ND 10
Docket Number: 20150148

Justia Opinion Summary: The State appealed a district court order denying forfeiture of $16,420 in U.S. currency seized by law enforcement during a traffic stop. Deputy Sheriff Rich Hoffer stopped Karl Horning after he failed to stop at a stop...

Ritter v. Ritter  
Date: January 14, 2016
Citation: 2016 ND 16
Docket Number: 20150202

Justia Opinion Summary: In 2012 Joshua Ritter and Tara McDonald (formerly Ritter) divorced via stipulation. The parties agreed Tara would have primary residential responsibility of their two minor children, Joshua's parenting time would be dete...

State v. Russell
Date: January 14, 2016
Citation: 2016 ND 7
Docket Number: 20150205
Forster v. Flaagan  
Date: January 14, 2016
Citation: 2016 ND 12
Docket Number: 20150207

Justia Opinion Summary: Adam Flaagan and Lindsay Forster (now known as Lindsay Seitz) were the parents of J.F.F. A 2010 judgment awarded Forster primary residential responsibility and awarded Flaagan parenting time. Under the judgment, Flaagan'...

North Dakota v. Atkins  
Date: January 14, 2016
Citation: 2016 ND 13
Docket Number: 20150211

Justia Opinion Summary: The State charged Cody Atkins with a class AA felony for gross sexual imposition for acts that allegedly occurred in November 2013. At the probable cause hearing following Atkins' initial appearance, the State moved to a...

Myers v. State
Date: January 14, 2016
Citation: 2016 ND 5
Docket Number: 20150223
Sturre v. Levi
Date: January 14, 2016
Citation: 2016 ND 6
Docket Number: 20150242
North Dakota v. 1998 Jeep Grand Cherokee  
Date: January 14, 2016
Citation: 2016 ND 9
Docket Number: 20150270

Justia Opinion Summary: Mark Matuska, registered owner of a 1998 Jeep Grand Cherokee, appealed a district court's amended judgment in a civil forfeiture action. Matuska was arrested during a controlled narcotics buy. The State filed a complaint...

Vacancy in Judgeship No. 1, NEJD
Date: January 12, 2016
Citation: 2016 ND 2
Docket Number: 20150353
Stock v. Stock  
Date: January 6, 2016
Citation: 2016 ND 1
Docket Number: 20150011

Justia Opinion Summary: Robert and Tiffany Stock married in 2000. The parties were romantically involved six years prior to the marriage, resulting in the birth of a child, who reached the age of majority. The parties had another child, who was...

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.