Justia North Dakota Supreme Court Opinion Summaries

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 of Toman Engineering Company (“Toman”). Michael Koch owned and operated Koch Construction and Koch Property Investments (“KPI”). Toman provided engineering services to Koch Construction on various projects, including designing a stormwater management system for the Koch Meadow Hills residential development project in Dickinson, North Dakota. Michael died in August 2017. The stormwater management system included a detention pond referred to as the Marilyn Way Stormwater Pond, which was the detention pond at issue in this case. In 2016, Janet Prchal, Dean Kubas, and Geraldine Kubas, owners of property near the Koch Meadow Hills development, sued the City of Dickinson and KPI for damages, alleging the development of Koch Meadow Hills caused water to drain and collect on their properties. The Prchal lawsuit was settled in September 2018, and the settlement required modifications to be made to the Marilyn Way Stormwater Pond before June 30, 2019. The reconstruction work on the detention pond occurred during the summer and fall of 2019. Toman served a summons and complaint on Koch Construction and Marilyn Koch, to collect unpaid amounts for engineering services Toman provided to the defendants in 2017. Toman filed the complaint in the district court in June 2019. The appellants argued the district court erred in deciding they committed intentional spoliation of evidence and dismissing their counterclaim as a sanction. After review of the district court record, the North Dakota Supreme Court concluded the district court abused its discretion when it dismissed the appellants’ counterclaim as a sanction for spoliation of evidence. Judgment was reversed and the matter remanded for a new trial. View "Toman Engineering Co. v. Koch Construction, et al." on Justia Law

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 court record, the North Dakota Supreme Court concluded the district court did not err in holding West Fargo was authorized to use quick-take eminent domain procedures for its sewage improvement project. Furthermore, the Court concluded the trial court did not abuse its discretion in granting West Fargo’s motion in limine to exclude testimony from trial that the taking impacted McAllister’s property’s conformance with the city’s setback requirements. View "City of West Fargo v. McAllister" on Justia Law

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 they complied with the North Dakota Workers Compensation Act, including paying the premiums and penalties. The firm appealed the district court’s ultimate judgment holding the firm liable for the premiums and penalties, and Boechler appealed the order dismissing the personal liability claim against her without prejudice. Finding no reversible error in the district court’s judgments, the North Dakota Supreme Court affirmed. View "WSI v. Boechler, PC, et al." on Justia Law

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 amount of compensation from the Trust for their duties as trustees. The court ordered the Trustees return a portion of the compensation and that all parties’ attorney fees be paid with Trust funds. On appeal, the North Dakota Supreme Court found the questions presented in this case were not barred by the law of the case doctrine or res judicata. Furthermore, the Court determined that additional findings were required concerning application of an exculpatory provision in the Trust as well as the issue of whether the doctrine of laches applies. The Court retained jurisdiction but remanded for additional findings. View "Matter of Rose Henderson Peterson Mineral Trust" on Justia Law

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 it failed to include a commencement date for the child support obligation. After review, the North Dakota Supreme Court found the district court did not err when it imputed income to Bryon for purposes of child support, and the court’s property and debt distribution was not clearly erroneous. The Supreme Court modified the judgment to include a child support commencement date that the parties agreed to on appeal, and affirmed the judgment as modified. View "Updike v. Updike, et al." on Justia Law

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 the summer. Eikom also argued the court erred in establishing the requirement his parenting time be reduced if he misses four or more weekends in a year. Because the North Dakota Supreme Court could “discern the rationale behind the district court’s findings, and the findings are supported by the evidence, the court did not err.” Judgment was affirmed. View "Eikom v. Eikom" on Justia Law

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. The Betzes also argued the court erred in issuing a July 16, 2008 order reforming the Emelia Hirsch June 9, 1994, Irrevocable Trust. After review, the Supreme Court: (1) affirmed the district court’s deemed denial of Allen Betz’s motion under N.D.R.Civ.P. 60(b); (2) vacated that portion of the court’s September 30, 2021 order finding Allen Betz a vexatious litigant, and remanded to the presiding judge for further consideration; (3) dismissed Timothy Betz’s appeal, because denial of leave to file was not appealable. The Court awarded double costs and attorney’s fees of $500 to the Trustees, and remanded for further proceedings. View "Matter of Emelia Hirsch Trust" on Justia Law

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 from using quick take eminent domain to acquire their property. The Sauvageaus claimed the District was prohibited from using quick take eminent domain to acquire a permanent right of way easement over their entire property. The Supreme Court concluded the quick take process was not available because the District is taking more than a right of way in the Sauvageaus’ property. The Court granted the Sauvageaus’ petition, directed the district court to vacate its order denying the Sauvageaus’ motion to dismiss the District’s complaint and remanded for further proceedings. View "Sauvageau, et al. v. Bailey, et al." on Justia Law

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 petition to intervene in an administrative action against TigerSwan, LLC. Energy Transfer argued the district court erred by concluding it lacked standing to appeal the Board’s decision denying its petition to intervene, and that the Board erred in denying its petition to intervene. TigerSwan contracted with Energy Transfer to provide services related to the Dakota Access Pipeline. The Board commenced administrative proceedings against TigerSwan alleging it provided investigative and security services in North Dakota without a license. TigerSwan was compelled to disclose documents to the Board, some of which were the focus of this appeal. Energy Transfer filed a motion to intervene for the purpose of compelling the return of the documents and to obtain a protective order. After review, the North Dakota Supreme Court reversed the court order concluding Energy Transfer lacked standing to appeal the Board’s order, and reversed the Board’s order denying intervention. The matter was remanded to the Board for further proceedings. View "Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al." on Justia Law

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 Investigative and Security Board received in response to discovery requests in an administrative proceeding against TigerSwan, LLC fell within the N.D.C.C. ch. 44-04 and 54-46 provisions dealing with government records. TigerSwan contracted with Energy Transfer to provide services related to the Dakota Access Pipeline. The Board commenced administrative proceedings against TigerSwan alleging it provided investigative and security services in North Dakota without a license. TigerSwan was compelled to disclose documents to the Board, some of which were the focus of this appeal. Energy Transfer filed a motion to intervene in the administrative proceedings claiming roughly 16,000 documents TigerSwan disclosed were confidential. Energy Transfer sought to intervene for the purpose of compelling the return of the documents and to obtain a protective order. After review, the North Dakota Supreme Court concluded the court did not abuse its discretion in certifying the partial summary judgment as final under N.D.R.Civ.P. 54(b), and it did not err in granting partial summary judgment. View "Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al." on Justia Law