Justia North Dakota Supreme Court Opinion Summaries

Greggory Tank appealed an amended judgment quieting title to royalty interests in property located in McKenzie County, North Dakota in favor of several of the defendants. In June 2014, Tank sued numerous defendants seeking to quiet title to royalty interests in proceeds from the production from an oil and gas well. Most of the defendants did not appear or settled with Tank. The remaining defendants who were the appellees in this appeal contested the quiet title action. The royalty interests at issue were subject to several possible conveyances. Tank claims ownership of a 16 percent royalty interest based on an unbroken chain of title utilizing filed county records dating back to the federal fee patent. Included within that chain of title was a 1931 purchase of the property by McKenzie County under a tax foreclosure sale. The County subsequently sold and transferred the property in 1945. The defendants claimed various percentages of royalty interests under a recorded 1938 assignment of an 11 percent royalty to oil and gas produced on the property. The North Dakota Supreme Court reversed the district court's amended judgment quieting title to the royalty interests in favor of the defendants and directed the entry of judgment quieting title in favor of Tank. A county's tax deed gives it title or color of title to the whole estate in the land including the royalty interests. A tax deed, valid upon its face, creates a presumptive title to the entire estate in the land which continues until it has been overcome by the affirmative action in court, by suit or counterclaim on the part of a person who has a sufficient interest to challenge the title. Royalty interests cannot be "possessed" for purposes of the statute of limitations or adverse possession. The Court remanded this case to the district court for determination of whether Tank was barred from the recovery of royalty payments previously made to the defendants and, if not barred, the amount of the recovery. View "Siana Oil & Gas Co., LLC v. Dublin Co." on Justia Law

S&B Dickinson Apartments I, LLC, and Dickinson Properties, LLC, appealed a judgment affirming the Stark County North Dakota Board of Commissioners' denial of their requests for an abatement of property taxes for the year 2016. The North Dakota Supreme Court concluded the district court did not have jurisdiction and the appeals should have been dismissed because the statutory requirements for perfecting an appeal were not followed. The Court therefore reversed and remanded for entry of judgment dismissing the appeals. View "S&B Dickinson Apartments I, LLC v. Stark County Board of Commissioners" on Justia Law

J.G., the mother of minor child J.J.T, appealed a judgment terminating her parental rights to the child. J.G. argued the juvenile court erred: (1) in finding J.J.T. was deprived; (2) in denying her court-appointed counsel's motion for a continuance to prepare for trial; (3) in granting her court-appointed counsel's motion to withdraw as counsel of record and appointing that counsel as standby counsel; and (4) in denying her statutory right to counsel. Because the North Dakota Supreme Court concluded the juvenile court did not abuse its discretion in denying a continuance and in allowing withdrawal of counsel, J.G.'s actions were the functional equivalent of a voluntary, knowing, and intelligent waiver of her right to counsel, and the statutory requirements for termination of J.G.'s parental rights were satisfied. Therefore, the Court affirmed the judgment. View "Interest of J.J.T." on Justia Law

Jeff Moen appealed a judgment awarding Jason Haider damages for wrongful injury to timber. Moen argued the district court abused its discretion in excluding a jury instruction on treble damages and erred in admitting an expert's testimony. After review, the North Dakota Supreme Court affirmed the district court's admission of expert testimony, reversed the district court's exclusion of a jury instruction on treble damages, and remanded this case for a new trial. View "Haider v. Moen" on Justia Law

Natasha Reiger appealed a district court judgment granting primary residential responsibility of J.Z. to Matthew Zuraff. Social services first became involved with the family because of a positive methamphetamine screening when J.Z. was born. Both Zuraff and Reiger had a history of methamphetamine use, although Reiger testified to being sober for approximately ten months and Zuraff testified he was sober for over three years. Both parents had criminal histories related to drug use, and Zuraff was incarcerated for approximately seven months after J.Z. was born. The North Dakota social worker assigned to J.Z. declined to recommend who should be awarded primary residential responsibility, but noted Zuraff was previously the more appropriate and stable option. After review of the district court record, the North Dakota Supreme Court determined the district court did not abuse its discretion granting primary residential responsibility to Zuraff. View "Zuraff v. Reiger" on Justia Law

Natasha Reiger appealed a district court judgment granting primary residential responsibility of J.Z. to Matthew Zuraff. Social services first became involved with the family because of a positive methamphetamine screening when J.Z. was born. Both Zuraff and Reiger had a history of methamphetamine use, although Reiger testified to being sober for approximately ten months and Zuraff testified he was sober for over three years. Both parents had criminal histories related to drug use, and Zuraff was incarcerated for approximately seven months after J.Z. was born. The North Dakota social worker assigned to J.Z. declined to recommend who should be awarded primary residential responsibility, but noted Zuraff was previously the more appropriate and stable option. After review of the district court record, the North Dakota Supreme Court determined the district court did not abuse its discretion granting primary residential responsibility to Zuraff. View "Zuraff v. Reiger" on Justia Law

The North Dakota Department of Transportation ("the DOT") took Rosie Glow, LLC's property through an eminent domain quick-take action. The DOT deposited $2,296,000.00 for the land and $940,860.00 for severance damages. Rosie Glow and the DOT disputed the value of the property taken. Rosie Glow's appraiser estimated the total compensation owed to Rosie Glow was $4,899,000.00, consisting of $3,788,400.00 for the land and $1,110,600.00 for severance damages. The jury awarded Rosie Glow $2,296,000.00 for property taken and $1,240,860.00 in severance damages, totaling $300,000.00 more than the DOT deposited. Rosie Glow appealed the district court's award of $32,400.00 in attorney fees and expert fees and litigation costs of $11,236.41. The North Dakota Supreme Court affirmed the district court's judgment in part, reversed in part, and remanded for further proceedings. The Supreme Court determined the district court did not abuse its discretion in reducing the costs awarded for an appraisal because it adequately explained its reasoning. However, the Court found the district court abused its discretion in declining to award any costs for the appraiser's review of the DOT's appraisal because it did not explain its decision. The district court also misapplied the law by not awarding costs for the DOT's deposition of the appraiser. View "N.D. Dep't of Transportation v. Rosie Glow, LLC" on Justia Law

The North Dakota Department of Transportation ("the DOT") took Rosie Glow, LLC's property through an eminent domain quick-take action. The DOT deposited $2,296,000.00 for the land and $940,860.00 for severance damages. Rosie Glow and the DOT disputed the value of the property taken. Rosie Glow's appraiser estimated the total compensation owed to Rosie Glow was $4,899,000.00, consisting of $3,788,400.00 for the land and $1,110,600.00 for severance damages. The jury awarded Rosie Glow $2,296,000.00 for property taken and $1,240,860.00 in severance damages, totaling $300,000.00 more than the DOT deposited. Rosie Glow appealed the district court's award of $32,400.00 in attorney fees and expert fees and litigation costs of $11,236.41. The North Dakota Supreme Court affirmed the district court's judgment in part, reversed in part, and remanded for further proceedings. The Supreme Court determined the district court did not abuse its discretion in reducing the costs awarded for an appraisal because it adequately explained its reasoning. However, the Court found the district court abused its discretion in declining to award any costs for the appraiser's review of the DOT's appraisal because it did not explain its decision. The district court also misapplied the law by not awarding costs for the DOT's deposition of the appraiser. View "N.D. Dep't of Transportation v. Rosie Glow, LLC" on Justia Law

Ewing Construction Co., Inc., appeals from a judgment denying its N.D.R.Civ.P. 60(b) motion to vacate a $951,191.62 default judgment entered in favor of Key Energy Services, LLC. Ewing began serving as the designer of and general contractor for Key's construction of the P3 Service Center project in Williston. Ewing voluntarily canceled its North Dakota contractor license in October 2014. In January 2015, Key sued Ewing and 22 others to invalidate construction liens filed against its property and claiming Ewing failed to pay numerous subcontractors for their work on the project in violation of its contractual obligations. After Ewing failed to answer the complaint, Key moved in June 2016 for a default judgment against Ewing. The district court granted the motion and entered default judgment against Ewing, awarding Key $951,191.62. The default judgment was entered on June 24, 2016, and Key served notice of entry of judgment on June 27, 2016. On May 12, 2017, after attempts were made to enforce the default judgment in Texas, Ewing brought a N.D.R.Civ.P. 60(b) motion to vacate the default judgment "because of insufficient service of process, and excusable neglect." Key responded by filing a corrected return of service which the district court accepted and considered. The corrected return of service was notarized and identified the documents served. On July 28, 2017, the court denied the N.D.R.Civ.P. 60(b) motion, concluding service of process was sufficient, the motion was untimely, and Ewing failed to establish excusable neglect. Because the district court did not err in ruling service of process was proper and did not abuse its discretion in denying the motion to vacate, the North Dakota Supreme Court affirmed. View "Key Energy Services, LLC v. Ewing Construction Co., Inc., et. al." on Justia Law

LeRoy Wheeler appeals a district court judgment granting Governor Doug Burgum's motion to dismiss and denying Wheeler's motion to appoint counsel. Wheeler was an inmate at the North Dakota State Penitentiary ("NDSP"), who filed a complaint alleging civil rights violations under 42 U.S.C. 1983 by Governor Burgum in both his official capacity and his personal capacity. The complaint alleged Governor Burgum failed to supervise and govern officials and staff at the NDSP. Wheeler claims that NDSP officials and staff interfered with his mail, discriminated against him on the basis of race, denied him access to the courts, prevented him from challenging the conditions of his confinement, and retaliated against him for exercising his rights. Wheeler sent Governor Burgum two letters commenting on the conduct of these individuals. Governor Burgum did not respond to the letters. Wheeler sought injunctive relief against Governor Burgum in his official capacity for failing to supervise the actions of officials and staff at the NDSP. Wheeler also sought punitive damages for Governor Burgum's failure to respond to his letters or otherwise investigate the issues described in his letters. Additionally, Wheeler moved for appointed counsel. Governor Burgum moved to dismiss the complaint under N.D.R.Civ.P. 12(b)(6) and opposed Wheeler's motion to appoint counsel. The district court granted Governor Burgum's motion to dismiss and denied Wheeler's motion for appointment of counsel. The North Dakota Supreme Court agreed Wheeler failed to state a claim for which relief can be granted, so the district court did not err by granting Governor Burgum's motion to dismiss. Further, the district court did not err by denying Wheeler's motion to appoint counsel. View "Wheeler v. Burgum" on Justia Law