North Dakota Supreme Court Decisions 2022

Rekow v. Durheim  
Date: October 4, 2022
Citation: 2022 ND 177
Docket Number: 20220073

Justia Opinion Summary: Susan Durheim appealed a disorderly conduct restraining order directing that she have no contact with Brandon Rekow for a one-year period. Rekow and Durheim had a strained relationship dating back to 2015, when Rekow…

Queen v. Martel, et al.  
Date: October 4, 2022
Citation: 2022 ND 178
Docket Number: 20220121

Justia Opinion Summary: Lee Queen appealed a judgment awarding him and Kimber Martel equal residential responsibility of their minor child and ordering child support. Queen argued he should have been awarded primary residential responsibility…

State v. Lockwood
Date: September 29, 2022
Citation: 2022 ND 175
Docket Number: 20220019
Gomm v. Winterfeldt, et al.  
Date: September 29, 2022
Citation: 2022 ND 172
Docket Number: 20220043

Justia Opinion Summary: Amy Winterfeldt appealed the denial of her request for primary residential responsibility and the granting of Bruce Gomm’s motion for modification of parenting time. Winterfeldt also filed a motion to dismiss this appeal…

Whitetail Wave v. XTO Energy, et al.  
Date: September 29, 2022
Citation: 2022 ND 171
Docket Number: 20220061

Justia Opinion Summary: Whitetail Wave LLC (“Whitetail”) appealed two district court judgments granting summary judgment and dismissing claims asserted by Whitetail against XTO Energy, Inc. (“XTO”) and the Board of University of School Lands of…

State v. Pieper
Date: September 29, 2022
Citation: 2022 ND 176
Docket Number: 20220084
Mayo v. Buchholz, et al.
Date: September 29, 2022
Citation: 2022 ND 173
Docket Number: 20220175
Interest of T.L.E.
Date: September 29, 2022
Citation: 2022 ND 174
Docket Number: 20220253
Matter of Rose Henderson Peterson Mineral Trust
Date: September 15, 2022
Citations: 2022 ND 170, 2022 ND 92
Docket Number: 20210258
Interest of A.C.
Date: September 15, 2022
Citation: 2022 ND 123
Docket Number: 20220081
Hendrix, et al. v. Jaeger  
Date: September 7, 2022
Citation: 2022 ND 168
Docket Number: 20220233

Justia Opinion Summary: Jared Hendrix, as chairman of the North Dakota for Term Limits Sponsoring Committee, and North Dakota for Term Limits (collectively, “Petitioners” or “Committee”) petitioned for a writ of mandamus requiring the Secretary…

Kershaw v. Finnson, et al.  
Date: September 1, 2022
Citation: 2022 ND 165
Docket Number: 20210355

Justia Opinion Summary: Shelby Finnson appealed a judgment awarding primary residential responsibility of the parties’ minor child to Jacob Kershaw. She claimed the district court’s findings were unsupported by the record; the court’s parenting…

Newfield Exploration Company, et al. v. North Dakota, et al.  
Date: September 1, 2022
Citation: 2022 ND 166
Docket Number: 20220022

Justia Opinion Summary: The State of North Dakota, ex rel. the North Dakota Board of University and School Lands, and the Office of the Commissioner of University and School Lands, a/k/a the North Dakota Department of Trust Lands appealed a…

Sholy v. Cass Cty. Comm'm  
Date: September 1, 2022
Citation: 2022 ND 164
Docket Number: 20220033

Justia Opinion Summary: David Sholy appealed a district court order dismissing his appeal from the Cass County Commission’s (“Commission”) decision to deny his applications for abatement or refund of taxes. Sholy argued the court misapplied the…

Interest of J.G.
Date: September 1, 2022
Citation: 2022 ND 167
Docket Numbers: 20220189, 20220190
North Dakota v. Lyman  
Date: August 18, 2022
Citation: 2022 ND 160
Docket Number: 20220023

Justia Opinion Summary: Dustin Lyman was convicted by jury of driving while under the influence of an intoxicating liquor. On appeal, Lyman argued the district court erred in denying his motion for a mistrial, claiming the State’s opening…

State v. Doglod
Date: August 18, 2022
Citation: 2022 ND 162
Docket Number: 20220035
Vogt v. North Dakota  
Date: August 18, 2022
Citation: 2022 ND 163
Docket Number: 20220058

Justia Opinion Summary: Jason Vogt appealed the dismissal of his application for post-conviction relief. He pled guilty to gross sexual imposition. Here, Vogt claimed he was innocent and his counsel rendered ineffective assistance. Further, he…

Dieterle v. Dieterle n/k/a Hansen, et al.  
Date: August 18, 2022
Citation: 2022 ND 161
Docket Number: 20220094

Justia Opinion Summary: Angela Hansen appealed orders denying her motion for an order to show cause and her demand for a change of judge. Hansen was subject to a standing order prohibiting her from filing new motions without permission of…

Northwest Landowners Association v. State, et al.  
Date: August 4, 2022
Citation: 2022 ND 150
Docket Number: 20210148

Justia Opinion Summary: Northwest Landowners Association filed suit to challenge the constitutionality of North Dakota Senate Bill 2344, which related to subsurface pore space. The district court granted the Association’s cross-motion for…

North Dakota v. Pendleton  
Date: August 4, 2022
Citation: 2022 ND 149
Docket Number: 20210287

Justia Opinion Summary: Salamah Pendleton was convicted by jury on two counts of murder, two counts of attempted murder, terrorizing, reckless endangerment, and possession with intent to deliver marijuana. Pendleton argued on appeal: (1) his…

State, et al. v. Faber
Date: August 4, 2022
Citation: 2022 ND 155
Docket Number: 20210358
North Dakota v. Pulkrabek  
Date: August 4, 2022
Citation: 2022 ND 157
Docket Numbers: 20220010, 20220013, 20220011, 20220012

Justia Opinion Summary: In October 2018, Robert Pulkrabek was charged with driving under the influence, resisting arrest, and driving under suspension. In July 2020, he was charged with driving under suspension and failure to transfer title. In…

North Dakota v. Netterville  
Date: August 4, 2022
Citation: 2022 ND 153
Docket Number: 20220017

Justia Opinion Summary: Milford Netterville appealed the revocation of his probation, and his resentencing to two years’ imprisonment. In 2020, Netterville pled guilty to domestic violence, for which he was originally sentenced to 366 days’…

Sailer, et al. v. Sailer, et al.  
Date: August 4, 2022
Citation: 2022 ND 151
Docket Number: 20220050

Justia Opinion Summary: Connie and Kevin Sailer are the paternal grandparents of E.D.S. and E.R.S. Justin and Natasha Sailer are the children’s parents. When the parents divorced, they stipulated that Natasha would have primary residential…

Hamburger v. Hamburger  
Date: August 4, 2022
Citation: 2022 ND 154
Docket Number: 20220051

Justia Opinion Summary: Tim Hamburger appealed an order denying his motions for relief from the divorce judgment and to amend his motion for relief. He argued the district court erred by finding there was no agreement or acquiescence to a…

Ex rel. Erickson v. Faber  
Date: August 4, 2022
Citation: 2022 ND 156
Docket Number: 20220052

Justia Opinion Summary: Nicki Erickson appealed a judgment awarding her and Tim Faber equal residential responsibility of their three children. Erickson argued the district court clearly erred by awarding the parties equal residential…

Puklich v. Puklich, et al.  
Date: August 4, 2022
Citation: 2022 ND 158
Docket Number: 20220062

Justia Opinion Summary: Blayne Puklich and Elyse Puklich were the children of Stan Puklich, who owned and operated an automobile dealership before his death. The dispute arose from the parties’ ownership of various business interests they…

Procive v. WSI  
Date: August 4, 2022
Citation: 2022 ND 159
Docket Number: 20220067

Justia Opinion Summary: Robert Procive appealed when a district court dismissed his appeal of an Administrative Law Judge’s order that denied his claim for Workforce Safety and Insurance (“WSI”) benefits. Procive submitted his first claim in…

B.C. v. NDDHS  
Date: August 4, 2022
Citation: 2022 ND 152
Docket Number: 20220100

Justia Opinion Summary: B.C., by and through his parent Michelle Cox, appealed from a district court judgment affirming the Department of Human Services (“Department”) decision to deny autism voucher program funding for a gazebo. B.C. argued…

Bolinske v. Sandstrom, et al.  
Date: July 27, 2022
Citation: 2022 ND 148
Docket Number: 20220016

Justia Opinion Summary: Robert Bolinske appealed the dismissal of his claims against former Supreme Court Justice Dale Sandstrom and former District Court Judge Gail Hagerty (“State Defendants”) and awarding them attorney’s fees. In October…

Disciplinary Board v. Baird
Date: July 21, 2022
Citation: 2022 ND 146
Docket Number: 20210239
Lovro v. City of Finley  
Date: July 21, 2022
Citation: 2022 ND 145
Docket Number: 20210300

Justia Opinion Summary: Elton Lovro appealed a judgment dismissing his complaint with prejudice after the district court granted summary judgment in favor of the City of Finley (“City”). Lovro owned a house and property in Finley, Steele…

Allery v. Whitebull  
Date: July 21, 2022
Citation: 2022 ND 140
Docket Number: 20210316

Justia Opinion Summary: Braden Allery appealed an order denying his motion for relief from a default judgment modifying primary residential responsibility for the two children he had with Regan Whitebull. In 2019, the district court entered a…

Interest of Skorick  
Date: July 21, 2022
Citation: 2022 ND 141
Docket Number: 20210349

Justia Opinion Summary: Edward Skorick appealed a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. Skorick argued the district court’s factual findings were insufficient to…

North Dakota v. Anderson  
Date: July 21, 2022
Citation: 2022 ND 144
Docket Number: 20210363

Justia Opinion Summary: Richard Anderson appealed an order denying his motion challenging the constitutionality of N.D.C.C. § 12.1-32-07(4)(r) and seeking modification of his probation conditions. He argued the probation condition restricting…

State v. Koon
Date: July 21, 2022
Citation: 2022 ND 142
Docket Number: 20220018
State v. Greff
Date: July 21, 2022
Citation: 2022 ND 143
Docket Number: 20220059
Norberg v. Norberg, et al.  
Date: July 21, 2022
Citation: 2022 ND 139
Docket Number: 20220064

Justia Opinion Summary: Alonna Knorr, formerly known as Alonna Knorr Norberg, appealed a money judgment entered in favor of Jon Norberg for Knorr’s share of unpaid expenses assigned to her under the divorce judgment. Knorr argued the district…

Bridges v. North Dakota  
Date: July 21, 2022
Citation: 2022 ND 147
Docket Numbers: 20220077, 20220078, 20220079

Justia Opinion Summary: John Bridges appealed district court orders and judgments granting the State’s motions for summary judgment and denying Bridges’ applications for postconviction relief as untimely, barred by misuse of process and res…

Mbulu v. North Dakota  
Date: July 7, 2022
Citation: 2022 ND 138
Docket Number: 20210224

Justia Opinion Summary: David Mbulu appealed a district court order granting his application for post-conviction relief in part and denying it in part. In 2017, Mbulu was convicted of conspiracy to commit gross sexual imposition, accomplice to…

Baker v. Erickson  
Date: July 7, 2022
Citation: 2022 ND 137
Docket Number: 20210288

Justia Opinion Summary: LuAnn Erickson appealed a district court order granting her motion to vacate its previous order recognizing a tribal court restraining order under N.D.R.Ct. 7.2, but concluding that the tribal court restraining order was…

Berdahl v. Berdahl  
Date: July 7, 2022
Citation: 2022 ND 136
Docket Number: 20210320

Justia Opinion Summary: Cody Berdahl appealed a divorce judgment entered following a bench trial in his divorce action against Joleen Berdahl. He argued the district court erred in distributing the marital property, in ordering him to pay…

North Dakota v. Piker  
Date: July 7, 2022
Citation: 2022 ND 134
Docket Number: 20210344

Justia Opinion Summary: Aisha Piker appealed an amended criminal judgment ordering her to pay restitution. In February 2021, the State charged Piker with aggravated assault after allegedly stabbing her boyfriend in the hand. In June 2021, Piker…

Hanson v. NDDOT  
Date: July 7, 2022
Citation: 2022 ND 135
Docket Number: 20220071

Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court judgment reversing a Department hearing officer’s decision to suspend McKayla Hanson’s driving privileges. Hanson was arrested for driving under the…

Interest of T.E.
Date: July 7, 2022
Citation: 2022 ND 133
Docket Number: 20220171
North Dakota v. Dearinger  
Date: June 23, 2022
Citation: 2022 ND 132
Docket Number: 20210295

Justia Opinion Summary: In May 2021, the State filed a complaint charging Madison Dearinger with hindering law enforcement, a class C felony, and false information to law enforcement, a misdemeanor. Under the felony count, the State alleged…

State v. Taylor
Date: June 23, 2022
Citation: 2022 ND 129
Docket Number: 20220038
State v. Johansen
Date: June 23, 2022
Citation: 2022 ND 130
Docket Number: 20220046
Interest of A.P.
Date: June 23, 2022
Citation: 2022 ND 131
Docket Numbers: 20220129, 20220130, 20220131
Blue Appaloosa v. NDIC  
Date: June 8, 2022
Citation: 2022 ND 119
Docket Number: 20210292

Justia Opinion Summary: Blue Appaloosa, Inc., appealed a judgment affirming an Industrial Commission order determining it violated N.D. Admin. Code ch. 43-02-03 by beginning construction of a treating plant prior to obtaining a permit or filing…

State v. Frohlich
Date: June 8, 2022
Citation: 2022 ND 121
Docket Number: 20210303
State v. Bradshaw
Date: June 8, 2022
Citation: 2022 ND 125
Docket Number: 20210306
State v. Tergesen
Date: June 8, 2022
Citation: 2022 ND 120
Docket Number: 20210309
North Dakota v. Pulkrabek  
Date: June 8, 2022
Citation: 2022 ND 128
Docket Number: 20210332

Justia Opinion Summary: Robert Pulkrabek was convicted by jury in April 2017 on terrorizing and disorderly conduct. He was sentenced in November 2021. Pulkrabek argued a variety of events before and during the trial were structural errors in…

Larson v. WSI  
Date: June 8, 2022
Citation: 2022 ND 118
Docket Number: 20210333

Justia Opinion Summary: Christine Larson, doing business as Active Nutrition, appealed a judgment entered after the district court ordered Larson’s appeal be dismissed and denied her request for a writ of mandamus. In a notice of decision dated…

North Dakota v. Thomas  
Date: June 8, 2022
Citation: 2022 ND 126
Docket Number: 20210339

Justia Opinion Summary: Ephrium Thomas appealed after a jury found him guilty of robbery and terrorizing a child victim. Thomas argued the district court erred in admitting evidence of a statement made by him to law enforcement. After review of…

Interest of A.G.
Date: June 8, 2022
Citation: 2022 ND 0127
Docket Number: 20210345
Lehnerz, et al. v. Christopher  
Date: June 8, 2022
Citation: 2022 ND 122
Docket Number: 20210353

Justia Opinion Summary: Megan Christopher appealed a disorderly conduct restraining order entered against her, arguing the district court abused its discretion in issuing the order because reasonable grounds did not exist to believe she engaged…

Quamme v. Quamme
Date: June 8, 2022
Citation: 2022 ND 124
Docket Number: 20220034
Interest of A.C.  
Date: June 8, 2022
Citation: 2022 ND 123
Docket Number: 20220081

Justia Opinion Summary: A.L. appealed an order terminating his parental rights over A.C. A.L. argued the juvenile court erred in finding the Cass County Human Services Zone engaged in active efforts to prevent the breakup of an Indian family as…

Rath v. Rath, et al.  
Date: May 26, 2022
Citation: 2022 ND 105
Docket Number: 20210120

Justia Opinion Summary: Mark Rath appealed after the district court entered a third amended judgment in this divorce action from Kayla Rath (now Jones). After review, the North Dakota Supreme Court concluded the district court did not abuse its…

Schmitz v. State Board of Chiropractic Examiners  
Date: May 26, 2022
Citation: 2022 ND 113
Docket Number: 20210135

Justia Opinion Summary: Dr. Jacob Schmitz appealed a district court judgment affirming the final order of the State Board of Chiropractic Examiners (“Board”) imposing discipline against him. He also appealed an order entered after a limited…

Toman Engineering Co. v. Koch Construction, et al.  
Date: May 26, 2022
Citation: 2022 ND 104
Docket Number: 20210186

Justia Opinion Summary: Koch Construction, Inc.; Marilyn Koch, Personal Representative of the Estate of Michael P. Koch; and Koch Property Investments, Inc. (collectively “appellants”) appealed the judgment and amended judgment entered in favor…

North Dakota v. Yellow Hammer  
Date: May 26, 2022
Citation: 2022 ND 106
Docket Number: 20210209

Justia Opinion Summary: Terri Yellow Hammer appealed an amended criminal judgment awarding restitution in the amount of $193,885.59. Yellow Hammer pled guilty to criminal vehicular homicide and criminal vehicular injury arising out of a crash…

Gonzalez v. State
Date: May 26, 2022
Citation: 2022 ND 117
Docket Number: 20210289
Anderson v. Spitzer, et al.  
Date: May 26, 2022
Citation: 2022 ND 110
Docket Number: 20210290

Justia Opinion Summary: Derek Spitzer appealed a second amended judgment entered after he moved to amend a parenting judgment. Spitzer and Kate Anderson had a child, P.T.S., born in 2009. In 2010 the district court awarded Anderson primary…

North Dakota v. Landrus  
Date: May 26, 2022
Citation: 2022 ND 107
Docket Number: 20210304

Justia Opinion Summary: Duane Landrus, Jr. appealed his conviction by jury for aggravated assault on a correctional officer. In March 2019, Landrus was instructed to go to the behavior intervention unit while in custody at the state…

In the Matter of the Adoption of K.M.T.  
Date: May 26, 2022
Citation: 2022 ND 109
Docket Number: 20210310

Justia Opinion Summary: S.P.L. appealed a judgment denying his petition to terminate M.T.’s parental rights and adopt K.M.T. He argued the district court erred in denying his request to terminate M.T.’s parental rights and failing to consider…

Wickham v. North Dakota  
Date: May 26, 2022
Citation: 2022 ND 116
Docket Number: 20210313

Justia Opinion Summary: The State appealed an order granting Corey Wickham’s postconviction relief application. Wickham was found guilty of two counts of gross sexual imposition. Wickham filed an application for postconviction relief, arguing…

Matter of Didier
Date: May 26, 2022
Citation: 2022 ND 108
Docket Number: 20210325
West Dakota Oil v. Kathrein Trucking, et al.  
Date: May 26, 2022
Citation: 2022 ND 111
Docket Number: 20210326

Justia Opinion Summary: Lee Kathrein appealed a judgment piercing the veil of Kathrein Trucking, LLC. In May 2020, West Dakota Oil, Inc. sued Kathrein Trucking, LLC and its owner, Kathrein, for failing to pay for fuel West Dakota provided. West…

Schaff v. State
Date: May 26, 2022
Citation: 2022 ND 115
Docket Number: 20210337
State v. Kelly
Date: May 26, 2022
Citation: 2022 ND 112
Docket Numbers: 20210342, 20210350
Atkins v. State
Date: May 26, 2022
Citation: 2022 ND 114
Docket Number: 20220006
North Dakota v. Benter  
Date: May 12, 2022
Citation: 2022 ND 101
Docket Number: 20210199

Justia Opinion Summary: Dean Benter was convicted by jury on six counts of possession of certain materials prohibited. Benter argued he did not knowingly, intelligently, and voluntarily waive his right to counsel, and contended the district…

WSI v. Boechler, PC, et al.  
Date: May 12, 2022
Citation: 2022 ND 98
Docket Number: 20210225

Justia Opinion Summary: Workforce Safety and Insurance (“WSI”) sued law firm Boechler, P.C., and Jeanette Boechler, individually, to collect unpaid workers’ compensation premiums and penalties, and to enjoin them from employing others until…

North Dakota v. Oshiro  
Date: May 12, 2022
Citation: 2022 ND 95
Docket Number: 20210254

Justia Opinion Summary: Perry Oshiro II appealed a district court order denying his motion to correct his sentence. On appeal, Oshiro argue the court illegally sentenced him because the court did not give him credit for all the days he…

Matter of Rose Henderson Peterson Mineral Trust  
Date: May 12, 2022
Citation: 2022 ND 92
Docket Number: 20210258

Justia Opinion Summary: Dennis Henderson and James Henderson, individually and as co-trustees of the Rose Henderson Peterson Mineral Trust, appealed a district court judgment in which the court determined they paid themselves an unreasonable…

Updike v. Updike, et al.  
Date: May 12, 2022
Citation: 2022 ND 99
Docket Number: 20210265

Justia Opinion Summary: Bryon Updike appealed a divorce judgment, arguing the district court erred when it calculated child support and when it distributed the parties’ assets and debts. April Updike cross appealed, arguing the court erred when…

State v. Ruiz Ledezma
Date: May 12, 2022
Citation: 2022 ND 93
Docket Number: 20210277
Eikom v. Eikom  
Date: May 12, 2022
Citation: 2022 ND 91
Docket Number: 20210319

Justia Opinion Summary: Chase Eikom appealed a second amended judgment entered after he moved to amend parenting time. He argued the district court erred in denying his request for parenting time on all major holidays and to extend time during…

North Dakota v. Houle  
Date: May 12, 2022
Citation: 2022 ND 96
Docket Number: 20210331

Justia Opinion Summary: Randy Houle was convicted by jury of aggravated assault and false information to law enforcement. On appeal, Houle argued the district court erred in improperly instructing the jury regarding circumstantial evidence.…

North Dakota v. Koval  
Date: May 12, 2022
Citation: 2022 ND 100
Docket Number: 20210356

Justia Opinion Summary: In November 2019, Josiah Koval pleaded guilty to stalking. Koval entered a conditional guilty plea to violating a protection order. He later appealed the denial of his motion to dismiss the charges against him, arguing…

North Dakota v. Rodriguez  
Date: May 12, 2022
Citation: 2022 ND 102
Docket Number: 20210359

Justia Opinion Summary: The State appealed the dismissal of a criminal child neglect case against Antoinette Rodriguez. The State argued Rodriguez had sufficient notice of the charge against her, and the district court erred when it dismissed…

City of West Fargo v. McAllister  
Date: May 12, 2022
Citation: 2022 ND 94
Docket Number: 20210360

Justia Opinion Summary: Mark McAllister appealed an amended judgment of condemnation that ultimately allowed the City of West Fargo to use its eminent domain power to acquire a right of way across his property. After review of the district…

Wheeler v. State
Date: May 12, 2022
Citation: 2022 ND 97
Docket Numbers: 20220024, 20220025, 20220026
Matter of Shane Lance Yates
Date: May 12, 2022
Citation: 2022 ND 103
Docket Number: 20220054
Matter of Amy Jo Yates
Date: May 12, 2022
Citation: 2022 ND 103
Docket Number: 20220056
Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al.  
Date: April 28, 2022
Citation: 2022 ND 85
Docket Number: 20210244

Justia Opinion Summary: Energy Transfer LP and Dakota Access LLC (collectively, “Energy Transfer”) appealed an order and judgment affirming the North Dakota Private Investigative and Security Board’s (“Board”) order denying Energy Transfer’s…

Hudye Group v. Ward Cty. Bd. of Commissioners  
Date: April 28, 2022
Citation: 2022 ND 83
Docket Number: 20210279

Justia Opinion Summary: Hudye Group LP (“Hudye”) appealed a district court judgment affirming the Ward County Board of Commissioners’ decision to deny Hudye’s applications for abatement or refund of taxes as untimely. Hudye filed applications…

Dixon v. Dixon
Date: April 28, 2022
Citation: 2022 ND 90
Docket Number: 20210294
Trenton Indian Housing Authority v. Poitra, et al.  
Date: April 28, 2022
Citation: 2022 ND 87
Docket Number: 20210302

Justia Opinion Summary: Lisa Poitra appealed an order of eviction, arguing the district court lacked jurisdiction to enter the eviction order because the Trenton Indian Housing Authority (“TIHA”) constituted a dependent Indian community, and a…

Matter of Emelia Hirsch Trust  
Date: April 28, 2022
Citation: 2022 ND 89
Docket Number: 20210324

Justia Opinion Summary: Allen Betz and Timothy Betz (“the Betzes”) appealed a district court’s order finding them to be vexatious litigants and requiring them to obtain leave of court prior to filing documents in any new or existing litigation.…

Eckroth v. Eckroth, et al.
Date: April 28, 2022
Citation: 2022 ND 88
Docket Number: 20220007
Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al.  
Date: April 28, 2022
Citation: 2022 ND 84
Docket Number: 20220036

Justia Opinion Summary: Energy Transfer LP and Dakota Access LLC (collectively, “Energy Transfer”) appealed an order for partial summary judgment certified as final by a district court. The court held documents the North Dakota Private…

Sauvageau, et al. v. Bailey, et al.  
Date: April 28, 2022
Citation: 2022 ND 86
Docket Number: 20220080

Justia Opinion Summary: Brenda and Gene Sauvageau petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of supervision directing the district court to stop the Cass County Joint Water Resource District…

City of Bismarck v. Goodwin  
Date: April 14, 2022
Citation: 2022 ND 72
Docket Number: 20210210

Justia Opinion Summary: Richard Goodwin, II appealed a corrected criminal judgment entered after he conditionally pleaded guilty to actual physical control of a motor vehicle while under the influence - refusal. Goodwin was cited in September…

Schauer v. Peterson
Date: April 14, 2022
Citation: 2022 ND 73
Docket Number: 20210250
State v. Heywood
Date: April 14, 2022
Citation: 2022 ND 74
Docket Number: 20210259
Holmes v. State
Date: April 14, 2022
Citation: 2022 ND 70
Docket Number: 20210284
Hoff v. State
Date: April 14, 2022
Citation: 2022 ND 77
Docket Number: 20210291
State v. Hultberg
Date: April 14, 2022
Citation: 2022 ND 78
Docket Number: 20210301
Schultz v. DeClusin
Date: April 14, 2022
Citation: 2022 ND 75
Docket Number: 20210315
Ali v. State
Date: April 14, 2022
Citation: 2022 ND 76
Docket Number: 20210335
Gaede v. State
Date: April 14, 2022
Citation: 2022 ND 71
Docket Number: 20210336
Moncada v. State
Date: April 14, 2022
Citation: 2022 ND 80
Docket Number: 20210338
Etemad v. State
Date: April 14, 2022
Citation: 2022 ND 81
Docket Number: 20210343
Bridges v. State
Date: April 14, 2022
Citation: 2022 ND 82
Docket Numbers: 20210351, 20210352
Solberg v. Hennessy
Date: April 14, 2022
Citation: 2022 ND 79
Docket Number: 20210354
Burris v. Burris  
Date: March 31, 2022
Citation: 2022 ND 67
Docket Number: 20210178

Justia Opinion Summary: Donald Burris appealed a district court order denying his motion to eliminate or reduce spousal support paid to Luann Burris. Donald argued the court erred: (1) in determining there had not been a material change in…

Interest of M.R.  
Date: March 31, 2022
Citation: 2022 ND 68
Docket Number: 20210204

Justia Opinion Summary: Father J.R. appealed a juvenile court order finding his child, M.R., to be deprived; removing M.R. from the care, custody, and control of the parents; and placing M.R. with North Star Human Service Zone (“North Star”).…

Beck v. NDDOT  
Date: March 31, 2022
Citation: 2022 ND 66
Docket Number: 20210312

Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court judgment reversing an administrative decision to suspend Bruce Beck’s driving privileges. The district court found the Department had failed to…

Hagen v. North Dakota Insurance Reserve Fund  
Date: March 17, 2022
Citation: 2022 ND 53
Docket Number: 20210111

Justia Opinion Summary: North Dakota Insurance Reserve Fund (“NDIRF”) appealed a judgment and orders granting Lance Hagen’s amended petition for a writ of mandamus requiring NDIRF to disclose documents under the open records law. NDIRF argued:…

Twin City Technical, et al. v. Williams Cty, et al.  
Date: March 17, 2022
Citation: 2022 ND 63
Docket Number: 20210157

Justia Opinion Summary: Williams County and Williams County Commission (collectively, “County”) appealed a judgment in favor of Twin City Technical LLC, Three Horns Energy, LLC, Prairie of the South LLC, and Irish Oil & Gas, Inc. (collectively,…

State v. Almklov
Date: March 17, 2022
Citation: 2022 ND 56
Docket Numbers: 20210162, 20210163
Kaspari v. Kaspari  
Date: March 17, 2022
Citation: 2022 ND 57
Docket Number: 20210192

Justia Opinion Summary: Thomas Kaspari appealed an amended judgment awarding spousal support to Jean Kaspari entered after the first appeal in this case. The district court ordered Thomas to pay $7,000 per month in spousal support to Jean …

Schrodt v. Schrodt, et al.  
Date: March 17, 2022
Citation: 2022 ND 64
Docket Number: 20210211

Justia Opinion Summary: Joseph Schrodt appealed the judgment of divorce from Katie Schrodt. Joseph raised numerous issues including the district court’s denial of his request for a continuance, the court’s valuation of certain marital assets,…

Sproule, et al. v. Johnson, et al.  
Date: March 17, 2022
Citation: 2022 ND 51
Docket Number: 20210235

Justia Opinion Summary: Brian Johnson, Rodger Johnson, Lyle Johnson, New Partnership and Nor-Agra, Inc. (Defendants) appealed an amended judgment dissolving the Johnson Farms partnership. Defendants argued the district court erred in its…

State v. Schuh
Date: March 17, 2022
Citation: 2022 ND 55
Docket Number: 20210257
Rogers v. State
Date: March 17, 2022
Citation: 2022 ND 50
Docket Number: 20210260
North Dakota v. Bazile  
Date: March 17, 2022
Citation: 2022 ND 59
Docket Number: 20210261

Justia Opinion Summary: Mackenzy Bazile appealed after a jury convicted him of gross sexual imposition. Bazile argued the district court erred in denying his motion for mistrial based on prosecutorial misconduct. Bazile also argued the court…

Canerdy v. Canerdy, et al.  
Date: March 17, 2022
Citation: 2022 ND 61
Docket Number: 20210262

Justia Opinion Summary: ason Canerdy appealed a district court order denying his motion for contempt and his motion to modify primary residential responsibility without an evidentiary hearing. Jason and Samantha Canerdy were divorced in June…

Schmitz v. State Board of Chiropractic Examiners  
Date: March 17, 2022
Citation: 2022 ND 52
Docket Number: 20210273

Justia Opinion Summary: Dr. Jacob Schmitz appealed a district court judgment ordering: (1) the State Board of Chiropractic Examiners to disclose a limited portion of a recording from an April 2020 executive session of the Board; (2) denying the…

Fourth v. State
Date: March 17, 2022
Citation: 2022 ND 60
Docket Number: 20210285
Gregory v. North Dakota  
Date: March 17, 2022
Citation: 2022 ND 54
Docket Number: 20210307

Justia Opinion Summary: Komikka Gregory appealed a district court order summarily dismissing her petition for post-conviction relief. In 2018, a jury found Gregory not guilty of the charge of murder, but guilty of a charge of manslaughter. In…

St. Alexius Medical Center v. Nesvig, et al.  
Date: March 17, 2022
Citation: 2022 ND 65
Docket Number: 20220005

Justia Opinion Summary: St. Alexius Medical Center, d/b/a CHI St. Alexius Health Bismarck, requested a supervisory writ preventing enforcement of the district court’s order compelling disclosure of privileged information. Kevin McKibbage sued…

Interest of T.H.
Date: March 17, 2022
Citation: 2022 ND 58
Docket Number: 20220027
Adoption of A.A.H.
Date: March 17, 2022
Citation: 2022 ND 62
Docket Number: 20220045
Malloy, et al. v. Behrens  
Date: March 3, 2022
Citation: 2022 ND 43
Docket Number: 20210155

Justia Opinion Summary: James Behrens appealed orders granting a petition for appraisal of a homestead, directing the sale of the homestead, and confirming the sale. After review, the North Dakota Supreme Court concluded the district court…

North Dakota v. Fleck  
Date: March 3, 2022
Citation: 2022 ND 49
Docket Number: 20210160

Justia Opinion Summary: Corey Fleck appealed after a jury found him guilty of one count of theft of property by deception. In March 2019 Fleck sold cattle at Kist Livestock in Mandan. The cattle were subject to liens. Kist issued a check for…

North Dakota v. Gaddie  
Date: March 3, 2022
Citation: 2022 ND 44
Docket Number: 20210187

Justia Opinion Summary: David Gaddie appealed after a jury found him guilty of four counts of gross sexual imposition. Gaddie argued the jury instructions were confusing, the district court erred by not instructing the jury it must unanimously…

Harty Insurance v. Holmes, et al.
Date: March 3, 2022
Citation: 2022 ND 45
Docket Number: 20210205
North Dakota v. McGinnis  
Date: March 3, 2022
Citation: 2022 ND 46
Docket Number: 20210216

Justia Opinion Summary: Neil McGinnis appealed a district court’s second amended criminal judgments entered after the court revoked his probation and resentenced him to five years’ imprisonment in case 08-2017-CR-00721 and five years’…

State v. Lusby
Date: March 3, 2022
Citation: 2022 ND 47
Docket Number: 20210266
Interest of R.S.
Date: March 3, 2022
Citation: 2022 ND 48
Docket Number: 20220039
Vacancy in Judgeship No. 6, ECJD
Date: February 25, 2022
Citation: 2022 ND 42
Docket Number: 20220042
Lessard v. Johnson  
Date: February 18, 2022
Citation: 2022 ND 32
Docket Number: 20200206

Justia Opinion Summary: This case involved three appeals after two limited remands by the North Dakota Supreme Court for additional proceedings at the district court. Kevin Johnson appealed several district court orders, a second amended…

North Dakota v. Halsey  
Date: February 18, 2022
Citation: 2022 ND 31
Docket Number: 20210090

Justia Opinion Summary: In August 2020, two law enforcement officers were dispatched to an outdoor food vendor in Bismarck after receiving reports of two intoxicated individuals passed out under a picnic table. Officer Mehrer, one of the…

Pavlicek v. American Steel Systems, Inc., et al.  
Date: February 18, 2022
Citation: 2022 ND 35
Docket Number: 20210116

Justia Opinion Summary: Grinnell Mutual Reinsurance Company appealed a district court judgment ordering it to pay Larry Pavlicek $214,045.55 under a commercial general liability insurance (CGL) policy Grinnell had with JRC Construction.…

Krile v. Lawyer  
Date: February 18, 2022
Citation: 2022 ND 28
Docket Number: 20210138

Justia Opinion Summary: Robyn Krile appealed a judgment dismissing her defamation claims against Julie Lawyer. In 2017, Assistant State’s Attorney Julie Lawyer received an anonymous letter concerning a Bismarck police officer’s destruction of…

Orwig v. Orwig  
Date: February 18, 2022
Citation: 2022 ND 29
Docket Numbers: 20210140, 20210141

Justia Opinion Summary: Mary Orwig appealed a district court order finding her in contempt and imposing remedial sanctions. She challenged whether the parties’ divorce judgment was an order from which non-compliance could result in a finding of…

North Dakota v. Davis  
Date: February 18, 2022
Citation: 2022 ND 30
Docket Number: 20210152

Justia Opinion Summary: The State charged Sheldon Davis with murder, endangering by fire or explosion, and arson after a body was discovered in his apartment following a fire. He was convicted intentional or knowing murder, endangering by fire,…

City of Jamestown v. Kastet  
Date: February 18, 2022
Citation: 2022 ND 40
Docket Number: 20210170

Justia Opinion Summary: Holden Kastet appealed after a jury found him guilty of simple assault. Kastet argued the district court erred by failing to provide his requested jury instructions on self-defense and consent. According to trial…

Whetsel v. State
Date: February 18, 2022
Citation: 2022 ND 36
Docket Numbers: 20210180, 20210181
Lovett v. Lovett, et al.  
Date: February 18, 2022
Citation: 2022 ND 37
Docket Number: 20210198

Justia Opinion Summary: Viviana Lovett appealed an order denying her motion to modify primary residential responsibility for the children she had with Antonio Lovett. Viviana argued the district court erred by finding she failed to establish a…

Baker v. Autos, Inc., et al.  
Date: February 18, 2022
Citation: 2022 ND 41
Docket Number: 20210202

Justia Opinion Summary: Darilyn Baker, individually and on behalf of a certified class, appealed an order denying her motion for a new trial after a jury returned a verdict in favor of RW Enterprises, Inc. and Randy Westby. This case has been…

North Dakota v. Willard  
Date: February 18, 2022
Citation: 2022 ND 34
Docket Number: 20210203

Justia Opinion Summary: Cori Willard appealed after she conditionally pleaded guilty to five drug-related offenses. She argued the district court erred in denying her motion to suppress because the arresting officer had no legal basis to stop…

Taylor v. Taylor  
Date: February 18, 2022
Citation: 2022 ND 39
Docket Number: 20210214

Justia Opinion Summary: Aaron Taylor appealed the district court’s Findings of Fact, Conclusions of Law, and Order for Third Amended Judgment modifying his parenting time, limiting his decisionmaking authority, and finding him in contempt. The…

Goldade-Jose v. Jose, et al.
Date: February 18, 2022
Citation: 2022 ND 33
Docket Number: 20210231
North Dakota v. Samaniego  
Date: February 18, 2022
Citation: 2022 ND 38
Docket Number: 20210252

Justia Opinion Summary: Daniel Samaniego appealed after he was convicted of gross sexual imposition, a class AA felony. He argued there was insufficient evidence to prove the required force for the offense and whether the crime occurred in Cass…

Sherman v. Guillaume, et al.
Date: January 27, 2022
Citation: 2022 ND 26
Docket Number: 20210196
Christiansen v. NDDOT  
Date: January 27, 2022
Citation: 2022 ND 27
Docket Number: 20210218

Justia Opinion Summary: Kendra Christiansen appealed a district court judgment affirming the Department of Transportation’s decision to suspend her license for 91 days. Christiansen was arrested for driving under the influence of alcohol. The…

State v. Clairmont
Date: January 27, 2022
Citation: 2022 ND 25
Docket Number: 20210219
Divide County v. Stateline Service, et al.  
Date: January 21, 2022
Citation: 2022 ND 24
Docket Number: 20210016

Justia Opinion Summary: Divide County, North Dakota appealed judgments dismissing its complaints against Stateline Services, Inc., Power Energy Logistics, LLC, and five individuals (collectively, “Defendants”), which alleged they operated…

Divide County v. Power Energy Logistics, et al.
Date: January 21, 2022
Citation: 2022 ND 24
Docket Number: 20210017
Pomarleau v. Pomarleau, et al.  
Date: January 21, 2022
Citation: 2022 ND 16
Docket Number: 20210083

Justia Opinion Summary: Michael Pomarleau appealed a divorce judgment and amended divorce judgment. On appeal, Michael challenged the calculation of Tanya Pomarleau’s income for child support obligations, the allocation of child tax credits,…

North Dakota v. Bolinske, Sr.  
Date: January 21, 2022
Citation: 2022 ND 18
Docket Number: 20210128

Justia Opinion Summary: Robert Bolinske Sr. was convicted by jury of harassment. In October 2019, Robert Bolinske Jr. reported several threatening voicemails left on his office answering machine by Bolinske Sr. A Sheriff’s Deputy, who was…

Friesz v. North Dakota  
Date: January 21, 2022
Citation: 2022 ND 22
Docket Number: 20210143

Justia Opinion Summary: Rodney Friesz appealed a district court’s order summarily dismissing his application for post-conviction relief. Friesz was convicted of manslaughter and arson following a jury trial in February 2016. In 2017, Friesz…

Anderson v. Pedie, et al.  
Date: January 21, 2022
Citation: 2022 ND 19
Docket Number: 20210147

Justia Opinion Summary: Karley Anderson appealed an order denying her motion to modify residential responsibility, and appealed a contempt order awarding attorney’s fees to Seth Pedie. Anderson argued the district court erred by concluding she…

Fischer v. Hoyt  
Date: January 21, 2022
Citation: 2022 ND 17
Docket Number: 20210164

Justia Opinion Summary: Ralph Fischer appealed from an order denying his request for attorney’s fees under N.D.C.C. 27-08.1-04. In February 2018, Fischer and Darin Hoyt executed a Cattle Share Lease. Under the terms of the lease, Fischer rented…

Simmons v. Cudd Pressure Control, et al.  
Date: January 21, 2022
Citation: 2022 ND 20
Docket Number: 20210166

Justia Opinion Summary: Cudd Pressure Control, Inc. and WISCO, Inc. appealed a judgment entered in favor of Murex Petroleum Corporation in a personal injury case. As between WISCO and Murex, the case presented the question of whether a defense…

State v. Martinez
Date: January 21, 2022
Citation: 2022 ND 21
Docket Number: 20210207
Bubel v. Bubel
Date: January 21, 2022
Citation: 2022 ND 23
Docket Number: 20210263
North Dakota v. Castleman  
Date: January 6, 2022
Citation: 2022 ND 7
Docket Number: 20210011

Justia Opinion Summary: Brent Castleman was convicted by jury of child abuse. At trial, the mother testified she was in her daughter’s bedroom when Castleman entered the room, screamed at her, held her by the neck, and pushed her face into a…

Vic Christensen Mineral Trust v. Enerplus Resources Corp., et al.  
Date: January 6, 2022
Citation: 2022 ND 8
Docket Number: 20210050

Justia Opinion Summary: Enerplus Resources (USA) Corporation (“Enerplus”) appealed an amended judgment and adverse summary judgment orders which held it liable for suspending royalty payments to Meyer Family Mineral Trust, Joann Deryce…

Gerving v. Gerving, et al.  
Date: January 6, 2022
Citation: 2022 ND 2
Docket Number: 20210074

Justia Opinion Summary: Dean Gerving appealed a second amended judgment modifying his child support obligation. Gerving argued the district court erred in calculating his net income and erred by denying his request for a downward deviation in…

Estate of Beach  
Date: January 6, 2022
Citation: 2022 ND 13
Docket Number: 20210077

Justia Opinion Summary: Clark Beach appealed a district court order denying his petition for formal probate of a holographic will. Clark was the brother of Skip Beach (“decedent”). The decedent lived in Golden Valley County, North Dakota. He…

Tergesen, et al. v. Nelson Homes  
Date: January 6, 2022
Citation: 2022 ND 1
Docket Number: 20210113

Justia Opinion Summary: Jeanne and Nevin Tergesen appealed a judgment dismissing their complaint and awarding Nelson Homes, Inc. damages for its breach of contract counterclaim. The Tergesens argued the district court erred in dismissing their…

North Dakota v. Dargbeh  
Date: January 6, 2022
Citation: 2022 ND 3
Docket Number: 20210175

Justia Opinion Summary: Emile Dargbeh appealed after he was convicted by jury on two counts of forgery. In March and April 2020, Dargbeh cashed three forged checks from Dacotah Paper Company. Each check was written out to Emile Dargbeh in an…

Muscha v. Krolik, et al.
Date: January 6, 2022
Citation: 2022 ND 4
Docket Number: 20210179
Matter of Shane Lance Yates  
Date: January 6, 2022
Citation: 2022 ND 11
Docket Numbers: 20210193, 20210194

Justia Opinion Summary: Shane Lance Yates and Amy Jo Yates (“Petitioners”) appealed district court orders denying their petitions for name changes and requests for reconsideration. They argued the district court erred in concluding their…

Matter of Amy Jo Yates
Date: January 6, 2022
Citation: 2022 ND 11
Docket Number: 20210194
North Dakota v. Mayland  
Date: January 6, 2022
Citation: 2022 ND 9
Docket Number: 20210213

Justia Opinion Summary: Charles Mayland appealed his conviction for being in actual physical control of a motor vehicle while under the influence. Mayland entered a conditional plea of guilty, preserving his right to appeal the denial of his…

Plaisimond v. State
Date: January 6, 2022
Citation: 2022 ND 14
Docket Number: 20210215
Lebeau v. State
Date: January 6, 2022
Citation: 2022 ND 5
Docket Number: 20210221
Armstrong v. Helms  
Date: January 6, 2022
Citation: 2022 ND 12
Docket Number: 20210227

Justia Opinion Summary: Phillip Armstrong appealed a judgment dismissing his amended complaint. The district court granted dismissal of the amended complaint after finding Armstrong had failed to exhaust his administrative remedies. In 1996,…

Brendel Construction v. WSI  
Date: January 6, 2022
Citation: 2022 ND 10
Docket Number: 20210229

Justia Opinion Summary: North Dakota Workforce Safety & Insurance ("WSI") appealed after a district court affirmed an ALJ’s decision reversing WSI’s imposition of derivative premium liability on Brendel Construction, Inc. for unpaid premiums…

Livingston v. WSI, et al.
Date: January 6, 2022
Citation: 2022 ND 6
Docket Number: 20210232
Wald v. Hovey, et al.  
Date: January 6, 2022
Citation: 2022 ND 15
Docket Number: 20210280

Justia Opinion Summary: Donna Wald petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of supervision directing the district court to vacate an order denying her demand for a change of judge and to…

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