North Dakota Supreme Court Decisions 2021

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
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