Justia North Dakota Supreme Court Opinion Summaries

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 misapplied the law in granting the petition for an appraisal. Therefore, the Court reversed the orders and remanded for further proceedings. View "Malloy, et al. v. Behrens" on Justia Law

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 before the North Dakota Supreme Court three times. Prior to the Baker III decision, the district court dismissed Baker’s claims after finding the defendants did not violate disclosure requirements of the North Dakota Retail Installment Sales Act (“RISA”). Baker appealed. In Baker III, the Supreme Court concluded the retail installment contracts did not comply with RISA’s disclosure requirements. The Supreme Court reversed the district court’s judgment and remanded for consideration of a willful violation of RISA and the remedies available for noncompliance with the disclosure requirements. On remand, Baker filed a motion requesting the district court to approve a settlement with Autos, Inc., Robert Opperude, and James Hendershot, dismiss all claims under RISA, and grant summary judgment on the usury claim against RW Enterprises and Westby. The court approved the settlement but denied the motions to dismiss and for summary judgment. At trial, Baker requested the jury be instructed on a partnership between the defendants. The district court declined to provide the partnership instruction, but provided an instruction on “acting in concert” in order for Baker to establish the defendants worked together. The jury found RW Enterprises and Westby did not violate RISA. By answering “no” to the RISA violation, the verdict form instructed the jury to stop answering other questions and return the form to the court. Had the jury found RW Enterprises and Westby in violation, the next question was whether the contract charged usurious interest and if so, what damages were suffered by the plaintiffs. Baker moved for a new trial arguing the district court provided an improper verdict form and jury instructions. The district court denied Baker’s motion. Finding no reversible error in that judgment, the North Dakota Supreme Court affirmed the district court. View "Baker v. Autos, Inc., et al." on Justia Law

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 evidence. During Lawyer’s investigation, she reviewed the file of Sergeant Robyn Krile and concluded Krile had made false statements as a Bismarck police officer. Lawyer sent a letter (“Giglio letter”) to Bismarck Police Chief Dan Donlin summarizing her investigation into Krile’s file and stating her belief that Krile had made false statements as a Bismarck police officer. Lawyer informed Chief Donlin that such information would have to be disclosed to the defense in cases in which Krile was involved pursuant to Giglio and, as a result, the Burleigh County State’s Attorney’s Office would no longer use Krile as a witness in its cases. The Bismarck Police Department terminated Krile’s employment because the Burleigh County State’s Attorney’s Office was no longer willing to use Krile as a witness. Krile filed a complaint with the Department of Labor and Human Rights claiming the Bismarck Police Department discriminated against her based on race and sex. As part of the Department of Labor’s investigation, the Bismarck Police Department submitted two affidavits of Lawyer in which she explained the circumstances and her reasoning for issuing the Giglio letter. The Department of Labor concluded the Bismarck Police Department did not unlawfully discriminate against Krile. In March 2019, Krile sued Lawyer in her official and individual capacity for defamation. The complaint alleged Lawyer defamed Krile by publishing the Giglio letter to the Bismarck Police Department, specifically Chief Donlin, and by publishing her affidavits to the Department of Labor in the course of its investigation. The complaint also alleged Lawyer defamed Krile by publishing the Giglio letter to the Peace Officer Standards and Training (POST) Board and by publishing the Giglio letter and related information to Krile’s prospective employers. Appealing the district court's judgment, Krile argued the district court erred by failing to consider all of the materials the parties submitted and thereby treat the motion to dismiss as a motion for summary judgment. She also argued the court erred in dismissing her defamation claims. The North Dakota Supreme Court affirmed, concluding Krile failed to plead a valid claim for defamation. View "Krile v. Lawyer" on Justia Law

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 arresting officer issued her the report and notice form. The Department received its copy of the report postmarked April 5, 2021, nine days after Christiansen’s arrest. At the administrative hearing, Christiansen argued the case should have been dismissed because the report was not forwarded to the Department within five days of Christiansen’s arrest as required by N.D.C.C. 39-20-03.1(4). The hearing officer determined the five-day requirement was not a basic and mandatory requirement and Christiansen failed to show resulting prejudice. Finding no reversible error in the district court's judgment, the North Dakota Supreme Court affirmed. View "Christiansen v. NDDOT" on Justia Law

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 pasture land to Hoyt. In July 2019, Fischer sued Hoyt in small claims court arguing he was entitled to $15,000 for Hoyt’s failure to pay pasture rent in 2018. Hoyt removed the case to district court and filed an answer and counterclaim, asserting Fischer breached terms of the agreement. Fischer answered the counterclaim and requested attorney’s fees under N.D.C.C. 27-08.1-04. In February 2020, Fischer received leave of court to amend his complaint and increased his alleged damages to $25,000. After a bench trial, the district court found both parties breached the lease in different respects. Pertinent here, the district court found Hoyt breached the lease by failing to pay rent in 2018. The district court denied Fischer’s request for attorney’s fees, finding "the claims and counterclaims in this matter were far too complex for small claims court and would have been dismissed without prejudice to refile in district court." To the North Dakota Supreme Court, Fischer argues the district court erred in denying his request because he is the prevailing plaintiff after removal from small claims court. Fischer also argued he was entitled to attorney’s fees incurred in this appeal. The Supreme Court agreed, and reversed and remanded for an award of Fischer’s attorney’s fees in the district court action and on appeal. View "Fischer v. Hoyt" on Justia Law

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 overweight vehicles on restricted roads. In 2019, Divide County imposed certain weight restrictions on county and township roads due to wet conditions. Truck drivers for Stateline Services and Power Energy Logistics were pulled over on township roads and cited for operating overweight vehicles. The County filed this civil action against the Defendants for statutory damages under N.D.C.C. 39-12- 17. After a bench trial, the district court dismissed the complaints, concluding the County failed to provide sufficient public notice of the weight restrictions through a uniform county permit system, and failed to erect and maintain signs at each end of the highway. Finding no reversible error, the North Dakota Supreme Court affirmed the district court. View "Divide County v. Stateline Service, et al." on Justia Law

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 and indemnification provision in a contract applied. As between Cudd and Murex, the case presented a question of whether the district court abused its discretion when it sanctioned Cudd for spoliation of evidence. The North Dakota Supreme Court concluded the district court erred as a matter of law when it granted summary judgment for Murex determining the defense and indemnification provision applied. The Supreme Court also concluded the trial court abused its discretion when it sanctioned Cudd. Therefore, the Court reversed those portions of the judgment. Because the sanctions included an adverse inference instruction against Cudd at trial that may have affected the jury’s fault determination, the case was remanded for a new trial on the issue of fault apportionment. View "Simmons v. Cudd Pressure Control, et al." on Justia Law

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 grant the demand. Donna and Gerard Wald divorced in 2019. The Honorable Daniel Narum was the presiding judge in the divorce action. Donna was awarded hay bales and other assets in the property distribution. After entry of the divorce judgment, Donna moved for contempt or in the alternative for redistribution of property, claiming she was unable to retrieve the hay bales awarded to her, and Gerard refused to turn the bales over. The district court denied her motion. Donna appealed, and the property distribution and denial of the post-judgment motion were affirmed on appeal. In 2021, Donna sued Gerard for unjust enrichment and tortious conversion, alleging the hay bales awarded to her in the divorce judgment were worth $242,216; she had not received any of the hay bales; Gerard kept the bales for his own use or sold them for his own gain; and she was deprived of the value, use, and benefit of the bales. She requested the district court to award her $242,000 in damages. Judge Narum was assigned to the case, and Donna filed a demand for a change of judge. Donna argued she complied with the statutory requirements for a change of judge and the court erred by denying her request. The North Dakota Supreme Court denied Donna's petition, concluding the district court did not err when it denied the demand for a change of judge. View "Wald v. Hovey, et al." on Justia Law

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, Armstrong filed a surety bond with the North Dakota Industrial Commission when he became the operator of several oil wells on private land. In 2001, Armstrong also began operating wells on federal lands. Armstrong was engaged with federal authorities in formulating a reclamation plan for the federal lands. The wells were not producing oil, and Armstrong requested a release of his surety bond filed with the Commission. The Commission conditioned the release of the bond on Armstrong performing a geoprobe assessment of the wells, which Armstrong refused. Armstrong thereafter filed a complaint in the district court seeking release of his bond. The court ultimately concluded Armstrong's claims were barred by his failure to exhaust his administrative remedies, rejected Armstrong’s argument state law did not apply because of federal preemption, and entered a judgment dismissing the action. The North Dakota Supreme Court concluded federal regulations did not preempt the application of N.D.C.C. ch. 38-08, Armstrong failed to exhaust his administrative remedies, and the court properly dismissed the action. View "Armstrong v. Helms" on Justia Law

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 was survived by seven siblings and one daughter. The will at issue was submitted to informal probate, and co-personal representatives were appointed. Clark filed a petition for formal probate of the will. The purported holographic will left everything the decedent owned to Clark. The court entered its order denying the petition for formal probate of the holographic will. The court found the signature “Skip Beach” on the proposed holographic will was the decedent’s signature based on the evidence. The court held the clause “Everything I own” was a material portion and was not in the decedent’s handwriting. The court reasoned that the clause appeared to have been written in different ink, was lighter in appearance, and was slanted different than the rest of the document. Additionally, the court found the clause was smaller in text and was written in only printed letters while other portions of the document use a mix of cursive and printed letters. The court stated the testimony given by Clark Beach, his siblings, and others did not change the court’s finding and stated “[n]one of these individuals are handwriting experts, and none of them ever saw this purported will before Skip’s death.” The court held that Clark Beach failed to meet his burden of proof that a material portion of the document was in the testator’s handwriting as required by law. Clark argued the district court erred in finding the material portions of the holographic will were not in the testator’s handwriting. Finding no reversible error, the North Dakota Supreme Court affirmed the order denying the petition for formal probate. View "Estate of Beach" on Justia Law