North Dakota Supreme Court Decisions 2021

Cavare v. Kjelgren  
Date: December 23, 2021
Citation: 2021 ND 236
Docket Number: 20200128

Justia Opinion Summary: Christopher Kjelgren appealed a district court judgment entered in favor of Cavare, Inc., and the subsequent order denying his motion for relief from the judgment. In 2017, Cavare, Inc. (also referred to as “Cavare USA”)...

Taszarek, et al. v. Lakeview Excavating, et al.  
Date: December 23, 2021
Citation: 2021 ND 237
Docket Number: 20210046

Justia Opinion Summary: Eugene Taszarek, Marlys Taszarek, Trina Schilling, Steven Taszarek, and Michael Taszarek (“Taszareks”) appealed a judgment finding Lakeview Excavating, Inc., was not the alter ego of Brian Welken. Welken was Lakeview Exc...

American Federal Bank v. Grommesh, et al.  
Date: December 23, 2021
Citation: 2021 ND 228
Docket Number: 20210080

Justia Opinion Summary: Defendants William Grommesh and Jon Pansch appealed the grant of summary judgment in favor of American Federal Bank in its action to enforce four guaranties. The defendants argued the district court erred in granting sum...

Matter of Knoke  
Date: December 23, 2021
Citation: 2021 ND 240
Docket Number: 20210081

Justia Opinion Summary: Michael Knoke appealed an order civilly committing him as a sexually dangerous individual. The North Dakota Supreme Court concluded the district court erred by ordering Knoke’s commitment without determining it he had se...

Estate of Smith  
Date: December 23, 2021
Citation: 2021 ND 238
Docket Number: 20210114

Justia Opinion Summary: Scott Smith and Kristen Hackmann, co-personal representatives of William Smith’s estate, appealed a February 17, 2021 order denying their post-judgment motions and granting Charlene and LeeAllen Smith’s motion to enforce...

Bridges v. North Dakota  
Date: December 23, 2021
Citation: 2021 ND 232
Docket Numbers: 20210118, 20210119

Justia Opinion Summary: John Bridges appealed a district court order denying his applications for postconviction relief. In 2012, Bridges pleaded guilty to murder and kidnapping. The district court sentenced him to life in prison without parole...

State v. Olsen
Date: December 23, 2021
Citation: 2021 ND 230
Docket Number: 20210127
Visser v. Visser, et al.
Date: December 23, 2021
Citation: 2021 ND 231
Docket Number: 20210151
North Dakota v. Roberts  
Date: December 23, 2021
Citation: 2021 ND 235
Docket Number: 20210161

Justia Opinion Summary: Joshua Roberts appealed a judgment finding him guilty of conspiracy to deliver a controlled substance, fentanyl. Roberts argued there was insufficient evidence to corroborate the testimony of an accomplice, and the jury...

Hehr v. Hehr
Date: December 23, 2021
Citation: 2021 ND 233
Docket Number: 20210176
Heggem v. Heggem
Date: December 23, 2021
Citation: 2021 ND 234
Docket Number: 20210212
North Dakota v. Carrillo  
Date: December 23, 2021
Citation: 2021 ND 239
Docket Number: 20210223

Justia Opinion Summary: The State appealed a district court order dismissing a charge of class C felony unlawful possession of drug paraphernalia against Damian Carrillo for lack of probable cause. The State charged Carrillo with felony unlawfu...

Motisi v. Hebron Public School District  
Date: December 23, 2021
Citation: 2021 ND 229
Docket Number: 20210248

Justia Opinion Summary: Joseph Motisi appealed a district court order and judgment denying his petition for writ of mandamus. Hebron Public School District employed Motisi as a teacher during the 2019-20 and 2020-21 school years. Prior to his e...

Vacancy in Judgeship No. 4, ECJD
Date: December 22, 2021
Citation: 2021 ND 227
Docket Number: 20210311
North Dakota v. Houkom  
Date: December 9, 2021
Citation: 2021 ND 223
Docket Number: 20210058

Justia Opinion Summary: Allison Houkom appealed after she was found guilty of giving false information to a law enforcement officer. In 2019, Officer Matt Oldham of the West Fargo Police Department attempted to serve a warrant on a male at a re...

North Dakota v. Neilan  
Date: December 9, 2021
Citation: 2021 ND 217
Docket Number: 20210065

Justia Opinion Summary: The State of North Dakota appealed an amended judgment entered after the district court modified Bradley Neilan’s sentence under North Dakota Rule of Criminal Procedure 35(b). In 2019, Neilan was arrested for possession...

State v. Rieger
Date: December 9, 2021
Citation: 2021 ND 219
Docket Number: 20210092
Swanson v. Larson  
Date: December 9, 2021
Citation: 2021 ND 0216
Docket Number: 20210125

Justia Opinion Summary: Leland Swanson appealed a judgment dismissing his breach of contract and professional negligence claims against Mark Larson and Mark Larson, CPA, PLLC. In 2017, Swanson hired Larson to provide a forensic accounting of va...

State v. Hatcher
Date: December 9, 2021
Citation: 2021 ND 224
Docket Number: 20210137
Narloch v. Narloch, et al.
Date: December 9, 2021
Citation: 2021 ND 221
Docket Number: 20210153
North Dakota v. Vannett  
Date: December 9, 2021
Citation: 2021 ND 225
Docket Number: 20210158

Justia Opinion Summary: Len Vannett appealed an amended criminal judgment entered after his conditional guilty plea for actual physical control of a vehicle while under the influence of alcohol. He argued the arresting officer lacked reasonable...

State v. Lindeman
Date: December 9, 2021
Citation: 2021 ND 220
Docket Number: 20210159
North Dakota v. S.J.H., et al.  
Date: December 9, 2021
Citation: 2021 ND 218
Docket Number: 20210165

Justia Opinion Summary: S.J.H. appealed a district court order granting the State’s motion for sanctions against him for failure to obey a court order for genetic testing and from a default judgment ordering him to pay child support. The North...

Hunter v. WSI
Date: December 9, 2021
Citation: 2021 ND 222
Docket Number: 20210185
North Dakota v. Brown  
Date: December 9, 2021
Citation: 2021 ND 226
Docket Number: 20210191

Justia Opinion Summary: The State appealed a district court order dismissing without prejudice charges of criminal trespass, burglary, and theft of property against Joseph Brown. With the exception of criminal mischief, all charges were class C...

North Dakota v. McCreary  
Date: December 1, 2021
Citation: 2021 ND 212
Docket Number: 20210064

Justia Opinion Summary: Michael Jon McCreary appealed after a jury found him guilty of aggravated assault with a dangerous weapon. On April 6, 2019, McCreary was attending an event at a hotel in Williston, North Dakota. J.P., the victim, was wo...

Quamme v. Quamme  
Date: December 1, 2021
Citation: 2021 ND 208
Docket Number: 20210093

Justia Opinion Summary: Chad Quamme appealed a divorce judgment, arguing the district court erred when it calculated child support and when it awarded Ashley Quamme spousal support. After review, the North Dakota Supreme Court reversed the dist...

Iakel-Garcia v. Anderson  
Date: November 26, 2021
Citation: 2021 ND 210
Docket Number: 20210021

Justia Opinion Summary: Richard Anderson and Priscilla Iakel-Garcia married in 2008 and had one child. In November 2019, Iakel-Garcia filed for divorce. In November 2020, a bench trial was held by reliable electronic means. Richard appealed the...

Boldt v. Boldt  
Date: November 26, 2021
Citation: 2021 ND 213
Docket Number: 20210101

Justia Opinion Summary: Cliff Boldt appealed a divorce judgment, arguing the district court erred when it awarded Heidi Boldt primary residential responsibility of the parties’ minor children. He argued the court’s analysis of the best interest...

Muchow v. Kohler, et al.  
Date: November 26, 2021
Citation: 2021 ND 209
Docket Number: 20210103

Justia Opinion Summary: Jason and Andrea Alm appealed a district court order denying grandparent visitation, arguing the district court erred in finding they did not meet the statutory requirements for nonparent visitation. The Alms were the pa...

Wades Welding v. Tioga Properties  
Date: November 26, 2021
Citation: 2021 ND 214
Docket Number: 20210107

Justia Opinion Summary: Tioga Properties, LLC, appealed a district court judgment awarding Wades Welding, LLC $27,669.90 relating to Wades Welding’s lawsuit for enforcement of construction liens and unjust enrichment. Janice Ellsworth owned Tio...

Guardianship and Conservatorship of T.G.P.C.
Date: November 26, 2021
Citation: 2021 ND 207
Docket Number: 20210121
DCI Credit Services v. Plemper  
Date: November 26, 2021
Citation: 2021 ND 215
Docket Number: 20210183

Justia Opinion Summary: DCI Credit Services, Inc. (“DCI”) appealed a district court’s order denying its request to vacate the order granting summary judgment and awarding costs and attorney’s fees to Nicholas Plemper. DCI also appealed the dism...

Interest of C.E.
Date: November 26, 2021
Citation: 2021 ND 211
Docket Number: 20210264
Interest of A.D.  
Date: November 17, 2021
Citation: 2021 ND 205
Docket Number: 20200299

Justia Opinion Summary: L.D., father of A.D., appeals a juvenile court order granting a guardianship for A.D. The father argued the court erred by finding A.D. to be a deprived child and failing to address the best interest factors and make an...

Chase v. North Dakota  
Date: November 17, 2021
Citation: 2021 ND 206
Docket Number: 20200315

Justia Opinion Summary: Lorry Van Chase appealed a district court order summarily denying his application for postconviction relief. In 2014, a jury convicted Chase of gross sexual imposition. He appealed and the conviction was affirmed. In Mar...

North Dakota v. Nupdal  
Date: November 17, 2021
Citation: 2021 ND 200
Docket Number: 20210015

Justia Opinion Summary: The State appealed a district court order dismissing a felony charge of unlawful possession of drug paraphernalia for lack of probable cause. The State charged Dylan Nupdal with unlawful possession of drug paraphernalia...

Estate of Behle  
Date: November 17, 2021
Citation: 2021 ND 199
Docket Number: 20210059

Justia Opinion Summary: Henry H. Behle IV appealed the grant of summary judgment and award of attorney’s fees in favor of Darren Harr as personal representative of the Estate of Henry L. Behle. Behle filed a petition asking the district court t...

North Dakota v. Brewer  
Date: November 17, 2021
Citation: 2021 ND 198
Docket Number: 20210105

Justia Opinion Summary: Michael Brewer appealed his sentence on charges of terrorizing, simple assault on a peace officer, preventing arrest, disarming or attempting to disarm a law enforcement officer, simple assault, and criminal mischief. He...

Craig v. North Dakota  
Date: November 17, 2021
Citation: 2021 ND 204
Docket Number: 20210108

Justia Opinion Summary: Russell Craig appealed the summary dismissal of his motion for postconviction relief based on res judicata. Craig pleaded guilty to murder in 2007 and was sentenced to life with the possibility of parole. Craig initiated...

Interest of L.L.D.R.
Date: November 17, 2021
Citation: 2021 ND 201
Docket Number: 20210130
Matter of Michael J. Tharaldson Trust  
Date: November 17, 2021
Citation: 2021 ND 203
Docket Number: 20210139

Justia Opinion Summary: Michael J. Tharaldson executed an “Irrevocable Trust Agreement” on February 14, 2007. The trust named State Bank & Trust (now known as Bell Bank), as trustee. On October 3, 2011, Tharaldson executed an “Irrevocable Trust...

Interest of J.M.
Date: November 17, 2021
Citation: 2021 ND 202
Docket Number: 20210268
North Dakota v. Suelzle  
Date: October 28, 2021
Citation: 2021 ND 194
Docket Number: 20210028

Justia Opinion Summary: Benjamin Suelzle was convicted by jury on one count of being in actual physical control of a motor vehicle while under the influence, and one count of refusal to submit to blood alcohol testing. On appeal, Suelzle argued...

Behle v. Harr  
Date: October 28, 2021
Citation: 2021 ND 190
Docket Number: 20210051

Justia Opinion Summary: Henry H. Behle IV appealed the grant of summary judgment in favor of Darren Harr as the personal representative of the Estate of Henry L. Behle. The district court held Behle’s claims against the Estate concerning two pa...

Interest of S.A.
Date: October 28, 2021
Citation: 2021 ND 197
Docket Number: 20210061
Guardianship of M.H.  
Date: October 28, 2021
Citation: 2021 ND 196
Docket Number: 20210069

Justia Opinion Summary: J.H. appealed a trial court's order and findings of fact denying his petition to remove T.F. as guardian of M.H., appoint himself as guardian, and remove contact restrictions T.F. placed on his contact with M.H. On appea...

North Dakota v. Kukert  
Date: October 28, 2021
Citation: 2021 ND 192
Docket Number: 20210079

Justia Opinion Summary: Wyatt Kukert appealed a district court judgment entered after he conditionally pled guilty to gross sexual imposition. Kukert argued on appeal that the trial court erred by denying his motions to dismiss and suppress. Ku...

State v. Jensen
Date: October 28, 2021
Citation: 2021 ND 193
Docket Number: 20210098
Dunford v. Tryhus, et al.
Date: October 28, 2021
Citation: 2021 ND 191
Docket Number: 20210146
Kremer v. North Dakota  
Date: October 28, 2021
Citation: 2021 ND 195
Docket Number: 20210154

Justia Opinion Summary: James Kremer appealed dismissing his application for postconviction relief. In February 2016, Kremer pled guilty to three counts of possession of certain materials prohibited. He filed an appeal to the North Dakota Supre...

Interest of A.S.F.  
Date: October 28, 2021
Citation: 2021 ND 189
Docket Number: 20210222

Justia Opinion Summary: A.S. appealed a juvenile court's judgment and order terminating her parental rights to her child, A.S.F. A.S. was appointed counsel when the State petitioned for involuntary termination of her parental rights. The trial...

Matter of Reciprocal Discipline of Ruffenach
Date: October 21, 2021
Citation: 2021 ND 188
Docket Number: 20210240
Slappy v. Slappy  
Date: October 14, 2021
Citation: 2021 ND 186
Docket Number: 20200352

Justia Opinion Summary: Nicole Kunz (formerly, Slappy) appealed a third amended judgment modifying her primary residential responsibility for the parties’ minor child, M.S., and granting Jermece Slappy equal residential responsibility. Kunz arg...

North Dakota v. Deleon  
Date: October 14, 2021
Citation: 2021 ND 185
Docket Number: 20210018

Justia Opinion Summary: Alfredo Deleon, Jr. appealed his conviction for possession of certain materials prohibited. In February 2020, Deleon was charged with one count gross sexual imposition, and one count of possession of certain materials pr...

State v. Woodruff
Date: October 14, 2021
Citation: 2021 ND 187
Docket Number: 20210026
State v. Reddog
Date: October 14, 2021
Citation: 2021 ND 180
Docket Number: 20210055
Brickle-Hicks v. State
Date: October 14, 2021
Citation: 2021 ND 177
Docket Number: 20210073
Estate of Nelson
Date: October 14, 2021
Citation: 2021 ND 181
Docket Number: 20210084
Kerzmann v. Kerzmann  
Date: October 14, 2021
Citation: 2021 ND 183
Docket Number: 20210086

Justia Opinion Summary: Tonya Kerzmann appealed a district court’s denial of her request for an evidentiary hearing on her motion for a change in primary residential responsibility. After review, the North Dakota Supreme Court concluded Kerzman...

State v. Clemens
Date: October 14, 2021
Citation: 2021 ND 176
Docket Number: 20210136
State v. Urrabazo
Date: October 14, 2021
Citation: 2021 ND 179
Docket Number: 20210142
Wheeler v. North Dakota  
Date: October 14, 2021
Citation: 2021 ND 182
Docket Number: 20210167

Justia Opinion Summary: LeRoy Wheeler appealed a district court order denying his applications for postconviction relief. In 2005, Wheeler was convicted of gross sexual imposition, encouraging the deprivation of a minor, and contributing to the...

Interest of D.H.H.
Date: October 14, 2021
Citation: 2021 ND 178
Docket Number: 20210238
Interest of K.H.
Date: October 14, 2021
Citation: 2021 ND 184
Docket Numbers: 20210245, 20210246, 20210247
RTS Shearing v. BNI Coal  
Date: September 30, 2021
Citation: 2021 ND 170
Docket Number: 20200340

Justia Opinion Summary: RTS Shearing, LLC (“RTS”) appealed the dismissal of its action with prejudice after the district court granted summary judgment in favor of the defendant BNI Coal, Ltd. (“BNI”). RTS provided rock crushing services for us...

State v. Demerais
Date: September 30, 2021
Citation: 2021 ND 174
Docket Number: 20210012
North Dakota v. Marsolek  
Date: September 30, 2021
Citation: 2021 ND 175
Docket Number: 20210041

Justia Opinion Summary: Dylan Marsolek appealed a criminal judgment entered after he conditionally pled guilty to possession of controlled substances and drug paraphernalia. Marsolek, a passenger in a vehicle involved in a traffic stop, argued...

Galvanizers, et al. v. Kautzman, et al.  
Date: September 30, 2021
Citation: 2021 ND 169
Docket Number: 20210042

Justia Opinion Summary: Plaintiffs Galvanizers, Inc., and K and K Construction and Repair, Inc., appealed the dismissal of their action against Paul Kautzman seeking to quiet title to real property. Plaintiffs argued the district court erred in...

City of Jamestown v. Nygaard  
Date: September 30, 2021
Citation: 2021 ND 172
Docket Number: 20210049

Justia Opinion Summary: Bonnie Lynn Nygaard appealed after her conditional plea to refusing to take a chemical breath test was accepted. In the early morning of March 8, 2020, Stutsman County Sheriff Deputy Brian Davis conducted a traffic stop...

Thomas v. North Dakota  
Date: September 30, 2021
Citation: 2021 ND 173
Docket Number: 20210056

Justia Opinion Summary: Ross Thomas appeals from a district court order denying his application for postconviction relief. In 2017, the State charged Thomas with felonious restraint, terrorizing, aggravated assault, and reckless endangerment. A...

Continental Resources v. Armstrong, et al.  
Date: September 30, 2021
Citation: 2021 ND 171
Docket Number: 20210060

Justia Opinion Summary: Phillip Armstrong appealed a judgment adjudicating ownership of interests in an oil and gas lease and the parties’ claims to revenue proceeds from production on those interests. Continental Resources operated wells locat...

Carpenter v. State
Date: September 30, 2021
Citation: 2021 ND 168
Docket Number: 20210104
WSI v. Badger Roustabouts  
Date: September 16, 2021
Citation: 2021 ND 166
Docket Number: 20210022

Justia Opinion Summary: Workforce Safety and Insurance (WSI) appealed a district court order and judgment affirming an administrative law judge’s (ALJ) order reversing a WSI order. The reversed WSI order had determined Badger Roustabouts was an...

Sims v. Sims
Date: September 16, 2021
Citation: 2021 ND 167
Docket Number: 20210039
Matter of Muscha  
Date: September 16, 2021
Citation: 2021 ND 164
Docket Number: 20210071

Justia Opinion Summary: Cruz Muscha appealed a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. On appeal, Muscha argued the district court’s factual basis was insufficient to leg...

Fleck v. State
Date: September 16, 2021
Citation: 2021 ND 165
Docket Number: 20210089
Interest of K.B.  
Date: September 9, 2021
Citations: 2021 ND 106, 2021 ND 163
Docket Number: 20210109

Justia Opinion Summary: J.B. appealed a juvenile court order terminating her parental rights to her two children. She argued there was not evidence beyond a reasonable doubt to support the court’s determination under the Indian Child Welfare Ac...

Hartman, et al. v. Grager  
Date: September 2, 2021
Citation: 2021 ND 160
Docket Number: 20200205

Justia Opinion Summary: Steve and Russell Hartman, as personal representatives of the estate of Ray Hartman (the “Estate”), appealed an amended judgment entered after a bench trial. The Estate argued Ray lacked the capacity to contract, no vali...

North Dakota v. Johnson  
Date: September 2, 2021
Citation: 2021 ND 161
Docket Number: 20200252

Justia Opinion Summary: Darin Johnson appealed after a jury found him guilty of terrorizing under N.D.C.C. 12.1-17-04. The North Dakota Supreme Court rejected Johnson’s invitation to create an exception to N.D.C.C. 12.1-17-04 when the unlawful...

Manning v. Jaeger, et al.  
Date: September 2, 2021
Citation: 2021 ND 162
Docket Number: 20200332

Justia Opinion Summary: Continental Resources, Inc. (“Continental”) appeals from a district court amended order denying its motion to intervene in this proceeding. P&P Industries, LLC I (“P&P”), a foreign limited liability company, initially ob...

Estate of Finch  
Date: August 26, 2021
Citation: 2021 ND 159
Docket Number: 20210029

Justia Opinion Summary: Mathew Finch appealed a district court order related to the administration of the Estate of Janel Finch (“Estate”). Finch argued the court erred in granting Christine Binstock’s petition to remove Finch as a co-personal...

Pinkney v. North Dakota  
Date: August 19, 2021
Citation: 2021 ND 155
Docket Number: 20200249

Justia Opinion Summary: Thomas Pinkney appealed a district court order granting summary dismissal of his post-conviction relief application. In 2015, Pinkney pleaded guilty to gross sexual imposition, a class A felony, and was sentenced. He sub...

North Dakota v. Boger  
Date: August 19, 2021
Citation: 2021 ND 152
Docket Number: 20200297

Justia Opinion Summary: Michael Boger appealed after entering a conditional guilty plea to driving under the influence, a third offense in seven years. Boger argued the district court erred in denying his motion to suppress evidence because vid...

North Dakota v. Lyman  
Date: August 19, 2021
Citation: 2021 ND 154
Docket Number: 20200321

Justia Opinion Summary: Brett Lyman appealed after a jury found him guilty of driving with a blood-alcohol content greater than .08%. He argued the district court abused its discretion by admitting into evidence his blood test results without t...

Dubois v. North Dakota  
Date: August 19, 2021
Citation: 2021 ND 153
Docket Number: 20210019

Justia Opinion Summary: James Dubois, Jr. appealed an order denying his application for post-conviction relief, arguing he received ineffective assistance of counsel, his plea was not knowing, voluntary and intelligent, and his sentence was ill...

Schulz v. Helmers  
Date: August 19, 2021
Citation: 2021 ND 158
Docket Number: 20210025

Justia Opinion Summary: Edwin Schulz appealed a judgment following a bench trial on the damages to his barn, pole barn and shed. Schulz sued Adam Helmers for negligence and breach of contract following a fire that destroyed the barn, pole barn...

Interest of G.J.E.P.
Date: August 19, 2021
Citation: 2021 ND 156
Docket Numbers: 20210188, 20210189
Interest of T.L.E.
Date: August 19, 2021
Citation: 2021 ND 157
Docket Number: 20210190
Lavallie v. Jay, et al.  
Date: August 5, 2021
Citations: 2020 ND 147, 2021 ND 140
Docket Number: 20190402

Justia Opinion Summary: Lorne Jay appealed a district court judgment ordering Jay pay Lawrence Lavallie $946,421.76. Lavallie commenced this personal injury action after he was involved in a motor vehicle accident with Jay and Michael Charette....

Ring v. NDDHS  
Date: August 5, 2021
Citations: 2020 ND 217, 2021 ND 151
Docket Number: 20200072

Justia Opinion Summary: This appeal arose from a district court order affirming the North Dakota Department of Human Services’ determination that Harold Ring was ineligible for Medicaid. In Ring v. North Dakota Department of Human Services, 202...

Dwyer v. Sell, et al.  
Date: August 5, 2021
Citation: 2021 ND 139
Docket Number: 20200188

Justia Opinion Summary: Tim Dwyer Jr. appeals an amended judgment deciding his claims against Margaret Sell and John Dwyer as co-trustees of the Tim Dwyer Farm Trust. The co-trustees and Jane Dwyer Morgan and Barbara Dwyer Rice, as beneficiarie...

Zepeda, et al. v. Cool, et al.  
Date: August 5, 2021
Citation: 2021 ND 146
Docket Number: 20200193

Justia Opinion Summary: Michael and Mindy Zepeda appealed a district court judgment dismissing their claims for failure to prosecute and the denial of their post-judgment request to alter or amend the judgment. On November 25, 2013, Michael and...

North Dakota v. Cochran  
Date: August 5, 2021
Citation: 2021 ND 141
Docket Number: 20200355

Justia Opinion Summary: The State appealed a district court order granting Elizabeth Cochran’s motion to suppress evidence. The State argued the court erred in finding that a room used by Cochran, in a residence she shared with her son, was not...

Lerfald v. Lerfald  
Date: August 5, 2021
Citation: 2021 ND 150
Docket Number: 20210008

Justia Opinion Summary: Tyson Lerfald appealed a district court order denying his motion to modify his child support obligation and the parenting time provisions of the amended judgment. Lerfald argued the district court erred by denying his mo...

Bearce v. Yellowstone Energy Development  
Date: August 5, 2021
Citation: 2021 ND 143
Docket Number: 20210010

Justia Opinion Summary: Daniel and Debra Bearce appealed the district court’s grant of summary judgment in favor of Yellowstone Energy Development, LLC. In June 2006, representatives of a business entity that would eventually become Yellowstone...

City of Fargo v. Roehrich  
Date: August 5, 2021
Citation: 2021 ND 145
Docket Number: 20210023

Justia Opinion Summary: Dennis Roehrich appealed after a jury found him guilty of harassment. In May 2019, the City of Fargo charged Roehrich with harassment, alleging Roehrich made numerous vulgar and harassing telephone calls and left similar...

Bahmiller v. WSI, et. al.  
Date: August 5, 2021
Citation: 2021 ND 147
Docket Number: 20210033

Justia Opinion Summary: North Dakota Workforce Safety and Insurance (“WSI”) appealed a district court judgment reversing an administrative order sustaining a WSI order denying Bruce Bahmiller’s claim for workers’ compensation benefits. After re...

Klundt v. Benjamin  
Date: August 5, 2021
Citation: 2021 ND 149
Docket Number: 20210048

Justia Opinion Summary: Rebecca Benjamin appealed an order denying her motions for interim relief and to modify primary residential responsibility. The North Dakota Supreme Court affirmed, concluding the district court did not err in determinin...

Isxaaq v. North Dakota  
Date: August 5, 2021
Citation: 2021 ND 148
Docket Numbers: 20210066, 20210067, 20210068

Justia Opinion Summary: Yaasin Isxaaq appealed a district court order denying his applications for post-conviction relief, in which he sought to withdraw his guilty pleas in three underlying criminal cases. Isxaaq was charged with theft in June...

Bilger v. Bilger  
Date: August 5, 2021
Citation: 2021 ND 144
Docket Number: 20210072

Justia Opinion Summary: In July 2018, Leanne Hoff Bilger sued Joshua Bilger for legal separation. Bilger executed an admission of service, acknowledging he received the summons and complaint, settlement agreement and an exhibit relating to divi...

Matter of Emelia Hirsch Trust
Date: August 5, 2021
Citation: 2021 ND 142
Docket Number: 20210144
In the Matter of the Adoption of M.E.
Date: July 29, 2021
Citation: 2021 ND 138
Docket Number: 20210172
Froehlich v. Froehlich, et al.  
Date: July 22, 2021
Citation: 2021 ND 133
Docket Number: 20200308

Justia Opinion Summary: Nicholas Froehlich appealed an amended judgment entered on September 7, 2018, and an interim order entered on August 25, 2020. Because the appeal of the amended judgment was untimely and the interim order was not an appe...

City of West Fargo v. McAllister, et al.  
Date: July 22, 2021
Citation: 2021 ND 136
Docket Number: 20200324

Justia Opinion Summary: In August 2017, the City of West Fargo passed a resolution determining it was necessary to construct a sewer improvement project. The project consisted of the design and installation of two sewer pipes between West Fargo...

Yoney v. North Dakota  
Date: July 22, 2021
Citation: 2021 ND 132
Docket Number: 20200359

Justia Opinion Summary: Travis Yoney appealed a district court order summarily dismissing his application for postconviction relief. He argued he received ineffective assistance of counsel because his attorney’s proposed jury instructions for a...

Smith v. Isakson, et al.
Date: July 22, 2021
Citation: 2021 ND 131
Docket Number: 20210004
Williams v. Williams, et al.  
Date: July 22, 2021
Citation: 2021 ND 134
Docket Number: 20210014

Justia Opinion Summary: Jennifer Williams appealed a second amended divorce judgment, arguing the district court failed to make findings supporting its modification of parenting time. She also contended the court erred when it terminated a pare...

North Dakota v. Stands  
Date: July 22, 2021
Citation: 2021 ND 135
Docket Number: 20210053

Justia Opinion Summary: Michael Stands was convicted by jury of possession with intent to manufacture or distribute methamphetamine. Stands argued on appeal he was seized in violation of the Fourth Amendment to the United States Constitution an...

North Dakota v. Schmidt, et al.  
Date: July 22, 2021
Citation: 2021 ND 137
Docket Number: 20210156

Justia Opinion Summary: North Dakota petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of supervision directing the district court to vacate certain orders allowing representation during a presente...

Vacancy in Judgeship No. 9, South Central Judicial District
Date: July 15, 2021
Citation: 2021 ND 130
Docket Number: 20210177
North Dakota v. Lelm  
Date: July 8, 2021
Citation: 2021 ND 118
Docket Number: 20200236

Justia Opinion Summary: The State appealed an order suppressing evidence obtained from a warrantless search of Nicholas Lelm’s backpack. In 2019, a City of Mandan Police Officer initiated a traffic stop of a vehicle with two occupants, a driver...

North Dakota v. Eggleston  
Date: July 8, 2021
Citation: 2021 ND 120
Docket Number: 20200285

Justia Opinion Summary: Alex Eggleston appealed a district court’s amended criminal judgment entered following a jury verdict finding him guilty of murder and possession of a firearm by a convicted felon. Eggleston argued his sentence was illeg...

Eubanks v. Fisketjon, et al.  
Date: July 8, 2021
Citation: 2021 ND 124
Docket Number: 20200288

Justia Opinion Summary: Justin Fisketjon appealed a judgment determining primary residential responsibility of the parties’ minor child and awarding child support. Fisketjon claimed the district court improperly included his roommate’s share of...

North Dakota v. Jensen  
Date: July 8, 2021
Citation: 2021 ND 119
Docket Number: 20200295

Justia Opinion Summary: Randy Jensen appealed a district court order denying his request to vacate the judgment and seek dismissal of the prosecution. In 2017, the North Dakota charged Jensen with possession of controlled substances, possession...

City of Lincoln v. Schuler  
Date: July 8, 2021
Citation: 2021 ND 123
Docket Number: 20200314

Justia Opinion Summary: Gary Schuler appealed after he entered a conditional guilty plea for driving under suspension, arguing the district court erred in denying his motion to suppress for violation of his Fourth Amendment rights. On October 9...

City of Lincoln v. McCorkell
Date: July 8, 2021
Citation: 2021 ND 127
Docket Number: 20200319
Scott v. Scott  
Date: July 8, 2021
Citation: 2021 ND 128
Docket Number: 20200344

Justia Opinion Summary: Ryan Scott appealed a district court order denying his motion to modify primary residential responsibility. Scott argued the district court erred by failing to find a material change in circumstances existed and failing...

State v. Crites
Date: July 8, 2021
Citation: 2021 ND 125
Docket Number: 20200356
Dietzler v. Dietzler
Date: July 8, 2021
Citation: 2021 ND 122
Docket Number: 20210001
Matter of O.H.W.
Date: July 8, 2021
Citation: 2021 ND 129
Docket Number: 20210006
Hussiene v. NDDOT  
Date: July 8, 2021
Citation: 2021 ND 126
Docket Number: 20210045

Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court order and a judgment reversing a Department hearing officer’s decision to suspend Yonis Hussiene’s driving privileges for a period of 180 days. Huss...

WSI v. Kemmet
Date: July 8, 2021
Citation: 2021 ND 121
Docket Number: 20210063
Decker v. WSI  
Date: July 1, 2021
Citation: 2021 ND 117
Docket Number: 20200289

Justia Opinion Summary: In June 2008, Scot Decker sustained work related injuries while he was working for Cyclone Drilling, Inc. in Mountrail County, North Dakota. WSI accepted liability and Decker received more than $1,250,000 in benefits fro...

Atkins v. State
Date: June 24, 2021
Citations: 2020 ND 269, 2021 ND 112
Docket Number: 20200077
Johnshoy v. Johnshoy  
Date: June 24, 2021
Citation: 2021 ND 108
Docket Number: 20200263

Justia Opinion Summary: Amanda Johnshoy, now known as Amanda Fry, appealed a district court order denying her motion to modify primary residential responsibility. Fry and Zachary Johnshoy divorced in November 2014, and the court awarded Johnsho...

North Dakota v. Gedrose  
Date: June 24, 2021
Citation: 2021 ND 111
Docket Number: 20200277

Justia Opinion Summary: The State appealed a judgment dismissing its criminal complaint against Orin Gedrose after the district court held N.D.C.C. 6-08-16(1)(d) was unconstitutional. Gedrose was charged with issuing a check without sufficient...

North Dakota v. Van Der Heever  
Date: June 24, 2021
Citation: 2021 ND 116
Docket Number: 20200309

Justia Opinion Summary: The State appealed a district court order granting Marco Van Der Heever’s motion to suppress evidence, arguing the officer had reasonable suspicion to stop Van Der Heever’s vehicle. Van Der Heever was charged with drivin...

Abdi v. North Dakota  
Date: June 24, 2021
Citation: 2021 ND 110
Docket Number: 20200341

Justia Opinion Summary: Bashir Bare Abdi appealed a district court order denying his application for post-conviction relief, seeking to withdraw his guilty plea. Abdi was charged with luring minors in violation of N.D.C.C. 12.1-20- 05.1, a clas...

North Dakota v. Schweitzer  
Date: June 24, 2021
Citation: 2021 ND 109
Docket Number: 20200348

Justia Opinion Summary: Brandon Schweitzer appealed from a jury verdict and a criminal judgment convicting him of aggravated assault. In 2019, Schweitzer used his cane to hit the victim's arm, fracturing it. Schweitzer argued that by misplacing...

Comes v. North Dakota  
Date: June 24, 2021
Citation: 2021 ND 107
Docket Number: 20210005

Justia Opinion Summary: Marlon Comes appealed an order denying his application for post-conviction relief. He argued his sentence was illegal because it failed to accurately reflect credit for “good time” and the corresponding sentence reductio...

Thompson v. State
Date: June 24, 2021
Citation: 2021 ND 114
Docket Number: 20210038
Interest of K.B.  
Date: June 24, 2021
Citation: 2021 ND 106
Docket Number: 20210109

Justia Opinion Summary: J.B. appealed a juvenile court order terminating her parental rights. On appeal, J.B. argued that the district court erred in terminating her parental rights, because the qualified expert witness’s testimony did not sati...

Interest of K.C.
Date: June 24, 2021
Citation: 2021 ND 115
Docket Number: 20210122
Interest of C.G.
Date: June 24, 2021
Citation: 2021 ND 113
Docket Numbers: 20210132, 20210133
Pennington, et al. v. Continental Resources  
Date: June 10, 2021
Citation: 2021 ND 105
Docket Number: 20200318

Justia Opinion Summary: Plaintiffs Rhonda Pennington, Steven Nelson, Donald Nelson, and Charlene Bjornson appealed a judgment entered after the district court determined their oil and gas leases with Continental Resources had not expired and re...

Guardianship and Conservatorship of S.M.H.  
Date: June 3, 2021
Citation: 2021 ND 104
Docket Number: 20200239

Justia Opinion Summary: K.S. appealed a district court order approving the sale of S.M.H.’s interest in real property and striking from the court record an affidavit filed by K.S. K.S. argued the court erred by determining that a document K.S....

North Dakota v. Black  
Date: June 3, 2021
Citation: 2021 ND 103
Docket Number: 20200256

Justia Opinion Summary: James Black appealed following his conditional guilty plea to ten counts of possession of certain materials prohibited, class C felonies. Black argued the district court was required to suppress evidence obtained during...

Tesoro Great Plains Gathering & Marketing v. Mountain Peak Builders  
Date: June 3, 2021
Citation: 2021 ND 95
Docket Number: 20200260

Justia Opinion Summary: Tesoro Great Plains Gathering & Marketing, LLC, formerly known as Great Northern Gathering & Marketing, LLC (“Great Northern”), appealed an amended judgment entered after the district court ordered a pipeline lien held b...

PLS Services v. Clear Creek Retirement Plan, et al.  
Date: June 3, 2021
Citation: 2021 ND 99
Docket Number: 20200270

Justia Opinion Summary: PLS Services appealed a district court’s amended summary judgment dismissing its complaint against Valueplus Consulting, LLC, relating to a mortgage priority dispute. In February 2014, PLS was assigned two mortgages exec...

McDougall, et al. v. AgCountry Farm Credit Services, et al.  
Date: June 3, 2021
Citation: 2021 ND 98
Docket Number: 20200282

Justia Opinion Summary: AgCountry Farm Credit Services, PCA appealed a district court judgment granting Michael and Bonita McDougall’s unjust enrichment claim and ordering AgCountry to pay $170,397.76. Kent and Erica McDougall were farmers and...

North Dakota v. Howard  
Date: June 3, 2021
Citation: 2021 ND 101
Docket Numbers: 20200300, 20200301

Justia Opinion Summary: The State appealed from an order of dismissal after the district court dismissed conspiracy charges against Kristen Howard and Oshaya Watkins for lack of probable cause. The State charged Howard and Watkins with conspira...

North Dakota v. Mitchell  
Date: June 3, 2021
Citation: 2021 ND 93
Docket Number: 20200306

Justia Opinion Summary: The State appealed a district court order dismissing without prejudice a charge of gross sexual imposition against Donald Mitchell, arguing the court erred in finding that the testimony submitted was insufficient for a f...

Mistic v. Mistic
Date: June 3, 2021
Citation: 2021 ND 96
Docket Number: 20200313
WSI v. Felan, et al.  
Date: June 3, 2021
Citation: 2021 ND 97
Docket Number: 20200354

Justia Opinion Summary: WSI appealed a judgment ordering payment of death benefits to Gloria Felan. In 2017, Fred Felan was injured when driving a loaded truck that tipped on its side. Julie Schulz of KBO Farms, Fred’s employer, arrived at the...

State v. Coleman
Date: June 3, 2021
Citation: 2021 ND 102
Docket Number: 20210040
Dixon v. Dixon  
Date: June 3, 2021
Citation: 2021 ND 94
Docket Number: 20210070

Justia Opinion Summary: Respondent-appellee Billie Dixon moved to dismiss petitioner-appellant John Dixon’s appeal due to mootness and lack of jurisdiction because the appeal was taken without a N.D.R.Civ.P. 54(b) certification. This action sta...

Boutrous v. Transform Operating Stores, et al.
Date: June 3, 2021
Citation: 2021 ND 100
Docket Number: 20210115
Pemberton v. North Dakota  
Date: May 20, 2021
Citation: 2021 ND 85
Docket Number: 20200181

Justia Opinion Summary: Lorenzo Pemberton appealed an order denying his application for postconviction relief. Pemberton argued he was convicted of a non-cognizable offense, attempted knowing murder, which did not require the defendant to have...

Interest of J.B.  
Date: May 20, 2021
Citation: 2021 ND 90
Docket Number: 20200238

Justia Opinion Summary: J.B. appealed a district court order denying his petition for treatment in community placement. J.B. was committed to the North Dakota State Hospital as a sexually dangerous individual in September 2005. At the hearing,...

Froistad v. North Dakota  
Date: May 20, 2021
Citation: 2021 ND 92
Docket Number: 20200274

Justia Opinion Summary: Larry Froistad appeals from an order denying his application for postconviction relief to withdraw his guilty plea. In 1998, Froistad pled guilty to murdering his daughter by setting fire to his residence when she was in...

Kruger, et al. v. Goossen  
Date: May 20, 2021
Citation: 2021 ND 88
Docket Number: 20200287

Justia Opinion Summary: Sally Goossen appealed a trial court judgment determining Thomas Kruger’s and Goossen’s ownership interests in North Dakota Safety Professionals, LLC (“NDSP”). Goossen argued the district court erred in finding that she...

North Dakota v. Riggin  
Date: May 20, 2021
Citation: 2021 ND 87
Docket Number: 20200293

Justia Opinion Summary: On March 13, 2020, North Dakota Governor Doug Burgum declared a state of emergency and activated the North Dakota State Emergency Operations Plan via Executive Order (“E.O.”) 2020-03. Governor Burgum’s declaration of a s...

North Dakota v. Louser, et al.  
Date: May 20, 2021
Citation: 2021 ND 89
Docket Number: 20200322

Justia Opinion Summary: The State petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of supervision directing the district court to grant a motion to amend a charge against Misty Lee Schwarz. Schwar...

Blasi, et al. v. Bruin E&P Partners, et al.  
Date: May 20, 2021
Citation: 2021 ND 86
Docket Numbers: 20200327, 20200328, 20200329, 20200330, 20200331

Justia Opinion Summary: The Plaintiffs (“Blasi”) sued the Defendants (“Bruin”) in five separate cases in federal district court alleging Bruin underpaid royalties due under the terms of various oil and gas leases. Blasi accepted the royalties i...

Lyons v. State
Date: May 20, 2021
Citation: 2021 ND 91
Docket Number: 20200333
Zander, et al. v. Morsette  
Date: May 13, 2021
Citation: 2021 ND 84
Docket Number: 20200211

Justia Opinion Summary: Jordan Morsette appealed an amended judgment ordering him to pay $242 million in compensatory damages and $885 million in punitive damages to Plaintiffs Shayna Monson; Lee Zander, individually and on behalf of Taylor Gov...

City of West Fargo v. Medbery  
Date: May 6, 2021
Citation: 2021 ND 81
Docket Number: 20200222

Justia Opinion Summary: Bridget Medbery appealed after she conditionally pled guilty to actual physical control, reserving her right to appeal the district court’s order denying her motion to suppress. On November 21, 2019, officers responded t...

Interest of K.V.  
Date: May 6, 2021
Citation: 2021 ND 79
Docket Number: 20200257

Justia Opinion Summary: K.V. appealed a juvenile court memorandum opinion, issued after remand, that denied his motion to suppress evidence. K.V. was charged and adjudicated a delinquent child for possession of a controlled substance and posses...

Atkins v. North Dakota  
Date: May 6, 2021
Citation: 2021 ND 83
Docket Number: 20200266

Justia Opinion Summary: Cody Michael Atkins had a lengthy history of proceedings before the district court and the North Dakota Supreme Court, most of which stemmed from his guilty plea to gross sexual imposition in 2015, and the series of appe...

Lizakowski v. Lizakowski
Date: May 6, 2021
Citation: 2021 ND 82
Docket Number: 20200269
North Dakota v. Lafromboise  
Date: May 6, 2021
Citation: 2021 ND 80
Docket Number: 20200294

Justia Opinion Summary: Travis Lafromboise appealed after he conditionally pled guilty to charges of burglary and criminal mischief, reserving the right to appeal the district court’s denial of his motion to dismiss. Lafromboise argued the dist...

Shaw v. State
Date: April 28, 2021
Citation: 2021 ND 78
Docket Number: 20200190
Interest of P.F.
Date: April 28, 2021
Citation: 2021 ND 77
Docket Numbers: 20200283, 20200284
N.B. et al. v. Terwilliger, et al.  
Date: April 20, 2021
Citation: 2021 ND 74
Docket Number: 20200185

Justia Opinion Summary: Melissa Oster and N.B. appealed two orders denying motions for a new trial after a jury awarded a verdict in N.B.’s favor. Oster and her daughter, N.B., were staying at a residence owned by Kevin Terwilliger. Josh and Sa...

Interest of J.O.  
Date: April 20, 2021
Citation: 2021 ND 76
Docket Number: 20200194

Justia Opinion Summary: K.M.E. appealed an order extending a guardianship over her biological child J.O. L.O. and S.O. were granted guardianship of J.O. and his stepsister, I.E. L.O. and S.O. were J.O.’s maternal grandparents. K.M.E. was J.O.’s...

Sollin, et al. v. Klein  
Date: April 20, 2021
Citation: 2021 ND 75
Docket Number: 20200202

Justia Opinion Summary: Dale Klein appealed a disorderly conduct restraining order directing he have no contact with Richard and Linda Sollin (collectively “the Sollins”) until July 8, 2021. Klein argued he was not provided adequate service or...

Big Pines, LLC v. Baker, et al.  
Date: April 20, 2021
Citation: 2021 ND 70
Docket Number: 20200237

Justia Opinion Summary: Biron D. Baker Family Medicine, PC and Biron D. Baker, M.D. (collectively, "Baker Medicine") appealed a district court judgment awarding Big Pines, LLC attorney’s fees and costs. In 2011, Baker Medicine signed an agreeme...

City of Jamestown v. Casarez  
Date: April 20, 2021
Citation: 2021 ND 71
Docket Number: 20200279

Justia Opinion Summary: Santos Casarez, III appealed when his motion to suppress evidence was denied, and his conditional guilty plea to refusing to take a chemical breath test was accepted. Jamestown Police Officer Andrew Noreen witnessed a ph...

North Dakota ex rel. Stenehjem v. Maras, et al.  
Date: April 20, 2021
Citation: 2021 ND 68
Docket Number: 20200304

Justia Opinion Summary: Terpsichore Maras appealed a default judgment issued as a sanction for discovery abuses, and a judgment dismissing her counterclaim for lack of jurisdiction. The case arises out of the Attorney General’s investigation of...

Schmitz v. State Board of Chiropractic Examiners  
Date: April 20, 2021
Citation: 2021 ND 73
Docket Number: 20200310

Justia Opinion Summary: In March 2019, the North Dakota State Board of Chiropractic Examiners (the “Board”) issued an administrative complaint against Dr. Jacob Schmitz, a chiropractor licensed by the Board. The administrative complaint initiat...

State v. Landis
Date: April 20, 2021
Citation: 2021 ND 69
Docket Number: 20200323
City of Glen Ullin, et al. v. Schirado, et al.  
Date: April 20, 2021
Citation: 2021 ND 72
Docket Number: 20200345

Justia Opinion Summary: Karen and Jerome Schirado appealed a judgment granting the City of Glen Ullin and the Glen Ullin Park District permanent injunctive relief and awarding the Park District attorney’s fees. The Schirados owned land near bot...

Interest of A.G.
Date: April 20, 2021
Citation: 2021 ND 67
Docket Number: 20210075
State v. Rennie
Date: April 14, 2021
Citation: 2021 ND 66
Docket Number: 20200307
Interest of F.M.G.
Date: April 14, 2021
Citation: 2021 ND 65
Docket Number: 20210087
Interest of S.R.
Date: April 7, 2021
Citation: 2021 ND 64
Docket Numbers: 20200214, 20200215
Great Plains Royalty Corp. v. Earl Schwartz Co., et al.  
Date: April 5, 2021
Citation: 2021 ND 62
Docket Number: 20200133

Justia Opinion Summary: Earl Schwartz Company and the co-personal representatives of the Estate of Earl N. Schwartz (amongst others, together “ESCO”) and SunBehm Gas, Inc. appealed a judgment quieting title to oil and gas interests in Great Pla...

Kaspari v. Kaspari  
Date: April 5, 2021
Citation: 2021 ND 63
Docket Number: 20200258

Justia Opinion Summary: Thomas Kaspari appealed when the district court ordered him to pay spousal support in his divorce from Jean Kaspari until her death or remarriage. The North Dakota Supreme Court concluded the district court erred as a ma...

North Dakota v. Martinez  
Date: March 24, 2021
Citation: 2021 ND 42
Docket Numbers: 20190407, 20200080–20200082

Justia Opinion Summary: The North Dakota Supreme Court consolidated two criminal cases because both involved whether a defendant may waive his Sixth Amendment right to a public trial. Former school teacher Everest Moore appealed three criminal...

Command Center v. Renewable Resources, et al.  
Date: March 24, 2021
Citation: 2021 ND 59
Docket Number: 20200017

Justia Opinion Summary: Shawn Kluver and Little Knife Disposal, LLC (“Little Knife”), appealed an amended judgment entered after a bench trial that awarded Command Center, Inc., monetary damages, interest, attorney’s fees and costs against Rene...

North Dakota v. Borland  
Date: March 24, 2021
Citation: 2021 ND 52
Docket Number: 20200053

Justia Opinion Summary: Jordan Borland was convicted by jury of criminal vehicular homicide at the conclusion of a third jury trial on the charge. Borland argued: double jeopardy barred his retrial; the district court erred by denying his reque...

State v. Moore
Date: March 24, 2021
Citation: 2021 ND 42
Docket Numbers: 20200080, 20200081
Pioneer State Mutual Insurance Co. v. Bear Creek Gravel, et al.  
Date: March 24, 2021
Citation: 2021 ND 53
Docket Number: 20200170

Justia Opinion Summary: Pioneer State Mutual Insurance Company appealed a declaratory judgment that found the automobile policy issued by Pioneer to Ty Kirby provided insurance coverage. In 2017, Kirby was involved in a motor vehicle accident w...

Cass County Joint Water Resource District v. Aaland, et al.  
Date: March 24, 2021
Citations: 2020 ND 196, 2021 ND 57
Docket Number: 20200171

Justia Opinion Summary: Landowners Cash Aaland, Larry Bakko, and Penny Cirks, appealed orders granting the Cass County Joint Water Resource District (the “District”) a right of entry onto their properties to conduct surveys and examinations rel...

North Dakota v. Stands  
Date: March 24, 2021
Citation: 2021 ND 46
Docket Number: 20200179

Justia Opinion Summary: Michael Lee Stands appealed a judgment and an order denying his motion to suppress evidence after entering a conditional plea of guilty to possession with intent to manufacture or deliver methamphetamine and unlawful pos...

Ryberg, et al. v. Landsiedel  
Date: March 24, 2021
Citation: 2021 ND 56
Docket Number: 20200189

Justia Opinion Summary: Jason Ryberg appealed the dismissal of his complaint with prejudice after the district court granted Defendant Darren Landsiedel’s motion to enforce a settlement agreement. Nodak Insurance Company (“Nodak”) appealed the...

North Dakota v. Walbert  
Date: March 24, 2021
Citation: 2021 ND 49
Docket Number: 20200197

Justia Opinion Summary: Russell Walbert appealed an amended criminal judgment after a jury found him guilty of gross sexual imposition. At a pretrial conference, the State moved to stop people from entering and exiting the courtroom while the v...

Solberg v. McKennett  
Date: March 24, 2021
Citation: 2021 ND 44
Docket Number: 20200207

Justia Opinion Summary: Glenn Solberg appealed a district court judgment dismissing his complaint against Richard McKennett. This action was related to Solberg’s litigation involving the Estate of Lyle Nelson. Lyle Nelson was married to Solberg...

North Dakota v. Glasser  
Date: March 24, 2021
Citation: 2021 ND 60
Docket Number: 20200220

Justia Opinion Summary: Andrew Glasser appealed a district court’s corrected, amended criminal judgment modifying his sentence for conviction of gross sexual imposition and from an amended criminal judgment for conviction of possession of certa...

Campbell v. North Dakota  
Date: March 24, 2021
Citation: 2021 ND 45
Docket Number: 20200227

Justia Opinion Summary: Anthony Campbell appealed after the district court summarily dismissed his application for post-conviction relief. In 2016, a jury found Campbell guilty of murder, a class AA felony. His conviction was affirmed on appeal...

Gil v. WSI
Date: March 24, 2021
Citation: 2021 ND 48
Docket Number: 20200253
North Dakota v. Bee  
Date: March 24, 2021
Citation: 2021 ND 61
Docket Number: 20200261

Justia Opinion Summary: Dakota Bee appealed a criminal judgment entered on a conditional plea of guilty, reserving the right to appeal a district court order denying her motion to suppress evidence. Burleigh County Social Services (BCSS) contac...

Saucedo v. State
Date: March 24, 2021
Citation: 2021 ND 47
Docket Number: 20200265
Breeze v. NDDOT  
Date: March 24, 2021
Citation: 2021 ND 43
Docket Number: 20200267

Justia Opinion Summary: Joshua Breeze appeals a district court judgment affirming the North Dakota Department of Transportation’s suspension of his driving privileges based on a conviction for driving under the influence. On appeal, Breeze argu...

State v. Neugebauer
Date: March 24, 2021
Citation: 2021 ND 54
Docket Number: 20200278
Gerving v. Gerving  
Date: March 24, 2021
Citation: 2021 ND 50
Docket Number: 20200291

Justia Opinion Summary: Ben Gerving appealed an amended divorce judgment and parenting plan. He argued the district court’s distribution of marital assets and debts was clearly erroneous. Janet Gerving argued the appeal was frivolous and she wa...

Somerset Court, et al. v. Burgum, et al.  
Date: March 24, 2021
Citation: 2021 ND 58
Docket Number: 20200292

Justia Opinion Summary: Appellants Somerset Court, LLC, and Kari Riggin appealed a district court judgment dismissing their action seeking a declaratory judgment regarding the validity of the North Dakota Governor’s executive orders. This case...

Tebay v. State
Date: March 24, 2021
Citation: 2021 ND 51
Docket Numbers: 20200316, 20200317
North Dakota v. Richter  
Date: March 24, 2021
Citation: 2021 ND 55
Docket Number: 20200351

Justia Opinion Summary: Tyler Richter appealed a criminal judgment entered after he pled guilty to the charge of luring minors by computers, and conditionally pled guilty to the charge of attempted promotion of obscenity to minors. Richter rese...

State v. Molina
Date: March 18, 2021
Citation: 2021 ND 41
Docket Number: 20200247
Interest of L.T.D.
Date: March 18, 2021
Citation: 2021 ND 40
Docket Numbers: 20210034, 20210035
Lund v. Swanson, et al.  
Date: March 3, 2021
Citation: 2021 ND 38
Docket Number: 20200147

Justia Opinion Summary: James Lund appealed the grant of summary judgment entered in favor of Leland Swanson and Open Road Trucking, LLC. Lund had been an adverse party to Swanson and Open Road in a series of lawsuits, dating back to 2018. Tria...

Friesz v. North Dakota  
Date: March 3, 2021
Citation: 2021 ND 37
Docket Number: 20200169

Justia Opinion Summary: Rodney Friesz appealed a district court order denying his application for post-conviction relief. In 2016, Friesz was convicted by jury of manslaughter and arson, both class B felony offenses. Friesz appealed the case, a...

WSI v. Sandberg, et al.  
Date: March 3, 2021
Citation: 2021 ND 39
Docket Number: 20200174

Justia Opinion Summary: North Dakota Workforce Safety and Insurance (“WSI”) appealed a district court judgment affirming an ALJ’s revised order on remand, entered after the North Dakota Supreme Court's decision in State by & through Workforce S...

Matter of Hehn  
Date: February 18, 2021
Citations: 2020 ND 226, 2021 ND 20
Docket Number: 20190353

Justia Opinion Summary: Darl Hehn appealed a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. The North Dakota Supreme Court the case to the district court for further findings an...

North Dakota v. Watson  
Date: February 18, 2021
Citation: 2021 ND 18
Docket Number: 20200109

Justia Opinion Summary: James Watson appealed the denial of his motion to withdraw his guilty plea to continuous sexual abuse of a child. Watson argued the district court failed to properly analyze his understanding of the terms of the plea agr...

Orwig v. Orwig  
Date: February 18, 2021
Citation: 2021 ND 33
Docket Number: 20200123

Justia Opinion Summary: Mary Orwig appealed and Steven Orwig cross-appealed a divorce judgment distributing the parties’ property and awarding Mary spousal support. Mary argued the district court erred in determining the value of certain proper...

Johnson v. Menard, Inc.  
Date: February 18, 2021
Citation: 2021 ND 19
Docket Number: 20200126

Justia Opinion Summary: Menard, Inc. (“Menards”) appealed an order denying a motion for summary judgment, an order denying a motion for judgment as a matter of law, an order granting attorney’s fees, an order as to the amount of attorney’s fees...

Estate of Johnson  
Date: February 18, 2021
Citation: 2021 ND 22
Docket Number: 20200142

Justia Opinion Summary: Neil Olson appealed a district court order dismissing his second petition requesting formal probate proceedings for the Estate of his great-uncle, Neil Johnson. The court found Neil Olson was estopped from challenging th...

North Dakota v. Spillum  
Date: February 18, 2021
Citation: 2021 ND 25
Docket Number: 20200156

Justia Opinion Summary: Sean Spillum was convicted by jury of possession of certain materials prohibited. Spillum was under criminal investigation for uploading suspected child pornography to a cloud storage service. Officers interviewed Spillu...

Stoddard v. Singer  
Date: February 18, 2021
Citation: 2021 ND 23
Docket Number: 20200157

Justia Opinion Summary: Daniel Stoddard appealed a district court order and judgment amending the parenting plan between Stoddard and Christina Singer for their minor child, M.S.S. Stoddard presented twelve issues, contending the district court...

Davis v. Davis, et al.  
Date: February 18, 2021
Citation: 2021 ND 24
Docket Number: 20200162

Justia Opinion Summary: Cory Davis appealed a district court order denying his motion for Rule 60(b), N.D.R.Civ.P., relief from a judgment. In September of 2019 Tracy Davis served Cory with a summons and complaint for divorce. Cory did not prep...

Paulson v. Paulson  
Date: February 18, 2021
Citation: 2021 ND 32
Docket Number: 20200163

Justia Opinion Summary: Shannon Belgarde appealed an order denying her motion to vacate a divorce judgment, which was entered pursuant to a stipulation. Shannon Belgarde (formerly Paulson) and Kristofor Paulson married in 2013. They divorced on...

McClintock v. NDDOT  
Date: February 18, 2021
Citation: 2021 ND 26
Docket Number: 20200164

Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court judgment reversing a Department hearing officer’s decision suspending James McClintock’s driving privileges for a period of 91 days. The Department...

WSI v. Cherokee Services Group, et al.  
Date: February 18, 2021
Citation: 2021 ND 36
Docket Number: 20200166

Justia Opinion Summary: Cherokee Services Group, LLC; Cherokee Nation Government Solutions, LLC; Cherokee Medical Services, LLC; Cherokee Nation Technologies, LLC (collectively referred to as the “Cherokee Entities”); Steven Bilby; and Hudson I...

North Dakota v. Youngbird  
Date: February 18, 2021
Citation: 2021 ND 21
Docket Number: 20200167

Justia Opinion Summary: Shalee Youngbird appealed an amended judgment to include restitution. Youngbird pled guilty to theft of property, reckless endangerment, and duty in accident involving death or personal injury. At the change of plea hear...

Atkins v. North Dakota  
Date: February 18, 2021
Citation: 2021 ND 34
Docket Number: 20200172

Justia Opinion Summary: Cody Atkins appealed district court orders denying his application for post-conviction relief and his motion to reconsider. Atkins pleaded guilty to gross sexual imposition in 2015. The North Dakota Supreme Court affirme...

Thompson-Widmer v. Larson, et al.  
Date: February 18, 2021
Citation: 2021 ND 27
Docket Number: 20200173

Justia Opinion Summary: Carrie Thompson-Widmer appealed the dismissal of her claims of defamation and tortious interference with a business relationship against Kimberly Larson, Wells County, Eddy County, and Foster County. In January 2017, Lar...

AE2S Construction v. Hellervik Oilfield Technologies, et al.  
Date: February 18, 2021
Citation: 2021 ND 35
Docket Number: 20200180

Justia Opinion Summary: Hellervik Oilfield Technologies LLC (“Hellervik”) appealed an order denying its motion to vacate a default judgment. AE2S Construction, LLC (“AE2S”) sued Hellervik and Whiting Oil and Gas, Corporation, for nonpayment of...

Oden v. Minot Builders Supply, et al.  
Date: February 18, 2021
Citation: 2021 ND 30
Docket Number: 20200187

Justia Opinion Summary: Chris Oden appealed a district court order vacating a transcribed Missouri foreign judgment. Oden argued: (1) vacating the transcribed Missouri judgment violated the Full Faith and Credit Clause of the United States Cons...

Willprecht v. Willprecht  
Date: February 18, 2021
Citation: 2021 ND 17
Docket Number: 20200195

Justia Opinion Summary: Kevin Willprecht appealed an amended judgment altering his child support and spousal support obligations. Kevin argued the district court erred in awarding spousal support without reconsidering the Ruff-Fischer guideline...

Burr v. N.D. State Board of Dental Examiners  
Date: February 18, 2021
Citation: 2021 ND 31
Docket Number: 20200219

Justia Opinion Summary: Rebecca Burr appealed a district court judgment dismissing her complaint against the North Dakota Board of Dental Examiners. In mid-2019, Burr filed a complaint with the North Dakota Board of Dental Examiners alleging a...

Grand Prairie Agriculture v. Pelican Township Board of Supervisors  
Date: February 18, 2021
Citation: 2021 ND 29
Docket Number: 20200226

Justia Opinion Summary: Grand Prairie Agriculture, LLP, appealed a district court order affirming a decision of the Pelican Township Board of Supervisors to deny Grand Prairie’s petition for approval of the site of a proposed animal feeding ope...

Whetsel v. North Dakota  
Date: February 18, 2021
Citation: 2021 ND 28
Docket Number: 20200262

Justia Opinion Summary: Byron Whetsel appealed an order denying his petition for post-conviction relief. Because the district court summarily dismissed Whetsel’s application subsequent to the State filing a response to the application without a...

State v. Bear King
Date: February 17, 2021
Citation: 2021 ND 16
Docket Number: 20200254
Interest of A.R.S.
Date: February 10, 2021
Citation: 2021 ND 15
Docket Numbers: 20200199, 20200200
Munzal v. State
Date: February 3, 2021
Citation: 2021 ND 14
Docket Number: 20200216
Matter of Didier
Date: February 3, 2021
Citation: 2021 ND 13
Docket Number: 20200217
R & F Financial Services v. North American Building Solutions, et al.  
Date: January 12, 2021
Citation: 2021 ND 12
Docket Number: 20190287

Justia Opinion Summary: R & F Financial Services, LLC, appealed a district court order dismissing its claims against Cudd Pressure Control, Inc., and RPC, Inc., and granting Cudd’s and RPC’s counterclaims and cross claims. North American Buildi...

Neppel, et al. v. Development Homes, et al.  
Date: January 12, 2021
Citation: 2021 ND 5
Docket Number: 20200036

Justia Opinion Summary: Pamela Neppel, individually and as the parent and legal guardian of Z.N., an incapacitated individual, appealed amended judgment entered after a jury trial. She also appealed denying leave to amend her complaint, an orde...

Melaas v. Diamond Resorts U.S. Collection Development  
Date: January 12, 2021
Citation: 2021 ND 1
Docket Number: 20200055

Justia Opinion Summary: Kathleen Melaas appealed a district court order granting a motion to compel arbitration and dismissing her complaint against Diamond Resorts U.S. Collection Development, LLC. She alleged Diamond Resorts offered vacation...

North Dakota v. Evanson  
Date: January 12, 2021
Citation: 2021 ND 4
Docket Numbers: 20200057, 20200056

Justia Opinion Summary: Megan Evanson appealed criminal judgments imposed in two consolidated cases. Evanson and her husband were involved in the theft of a catalytic converter from a truck and several tools from two different individuals. In t...

North Dakota v. Casatelli  
Date: January 12, 2021
Citation: 2021 ND 11
Docket Number: 20200096

Justia Opinion Summary: Garett Casatelli appealed a corrected criminal judgment after he entered a conditional guilty plea to actual physical control of a motor vehicle with a blood alcohol concentration of 0.08 percent or greater. After review...

Potts v. City of Devils Lake, et al.  
Date: January 12, 2021
Citation: 2021 ND 2
Docket Number: 20200144

Justia Opinion Summary: Brandon Potts appealed after a district court granted summary judgment to the City of Devils Lake and the Devils Lake Police Department (collectively, “Devils Lake”), which dismissed his claim for wrongful termination. P...

Estate of Seidel v. Seidel, et al.  
Date: January 12, 2021
Citation: 2021 ND 6
Docket Number: 20200148

Justia Opinion Summary: James Seidel, Troy Seidel, and Gravel Supply LLC (Defendants) appealed a judgment awarding the Estate of Leroy Seidel $68,958.75 relating to the Defendants’ sale of gravel from certain real property. Defendants argued Le...

Young v. Burleigh Morton Detention Center, et al.  
Date: January 12, 2021
Citation: 2021 ND 8
Docket Number: 20200153

Justia Opinion Summary: Laron Young appealed summary judgment entered in favor of Burleigh Morton Detention Center (“BMDC”). Young was an inmate at BMDC. Reliance Telephone of Grand Forks, Inc. (“Reliance”) contracted with BMDC to operate its i...

North Dakota v. Aune  
Date: January 12, 2021
Citation: 2021 ND 7
Docket Number: 20200159

Justia Opinion Summary: Steven Aune was convicted by jury of manslaughter. On May 1, 2019, Aune’s adult twin daughters were both living at his home. One of the daughters had been living with Aune for some time, but the other daughter, S.A., had...

Brendel Construction v. WSI  
Date: January 12, 2021
Citation: 2021 ND 3
Docket Number: 20200161

Justia Opinion Summary: Brendel Construction appealed a district court judgment affirming an administrative law judge’s (ALJ) decision to hold Brendel Construction liable for unpaid workers compensation premiums and penalties attributed to a su...

State v. Rivera-Rieffel
Date: January 12, 2021
Citation: 2021 ND 9
Docket Number: 20200210
Interest of M.M.
Date: January 12, 2021
Citation: 2021 ND 10
Docket Numbers: 20200335, 20200339, 20200336, 20200337, 20200338
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.