Justia North Dakota Supreme Court Opinion Summaries

Shannon Evans appealed an order granting Gerald Feldmann ownership of certain property from Leonhard Feldmann's estate. The North Dakota Supreme Court affirmed, concluding the district court did not err in finding an inter vivos gift and did not err in finding the proceeds of the standing crop passed with the devise of real property. “The appellate court does not reweigh evidence, reassess witness credibility, or substitute its judgment for the trial court's decision merely because it would have reached a different result. Standing crops at the time of death pass with the real estate to which they are attached unless otherwise specified in a will.” View "Estate of Feldmann" on Justia Law

North Dakota Workforce Safety and Insurance ("WSI") appealed a judgment affirming a decision of an Administrative Law Judge ("ALJ") that had reversed WSI's administrative reclassification of Questar Energy Services, Inc.'s ("Questar") employees. n July 2012, Questar applied for and received insurance coverage from WSI. Following an audit in 2014, WSI determined Questar's employees had been improperly classified and reclassified Questar's employees. The classification of employees directly impacts the insurance rate used to calculate Questar's premiums for the insurance received from WSI. WSI contends the ALJ applied the wrong standard of review, improperly excluded from evidence the changes to the Rate Classification Manual, and erred in determining classification of Questar's employees was not supported by the record. The North Dakota Supreme Court concluded after review, the ALJ's underlying factual conclusions were supported by a preponderance of the evidence, and affirmed. View "WSI v. Questar Energy Services, Inc." on Justia Law

North Dakota, by the North Dakota Department of Corrections and Rehabilitation's Youth Correctional Center, petitioned for a supervisory writ directing a district court to vacate its July 18, 2017 order denying the State's motion for summary judgment on Delmar Markel's negligence claim. Markel cross-petitioned for a supervisory writ directing the district court to vacate its January 21, 2016 order dismissing Markel's claim for constructive and retaliatory discharge. Markel worked at the North Dakota Youth Correctional Center on December 9, 2012, when several inmates broke out of their locked rooms. The inmates injured Markel during their escape. In 2015, Markel brought a complaint against the State alleging one count of negligence for failure to fix faulty locks permitting the inmates to escape and one count of constructive and retaliatory discharge. The State argued that the Workforce Safety and Insurance ("WSI") Act in N.D.C.C. Title 65 barred Markel's negligence claim and that Markel failed to exhaust administrative remedies regarding his discharge claim. On January 21, 2016, the district court dismissed the discharge claim for failure to pursue available administrative remedies. The district court also denied the State's motion to dismiss Markel's negligence claim. The North Dakota Supreme Court exercised its original jurisdiction by granting the State's petition and denying Markel's cross-petition. The district court erred as a matter of law in denying the State's motion to dismiss Markel's negligence claim. Markel failed to allege and support at least an "intentional act done with the conscious purpose of inflicting the injury" to overcome the State's immunity. The State had no adequate remedy to avoid defending a suit from which it has immunity. View "North Dakota v. Haskell" on Justia Law

B.A.C. appealed a district court order for involuntary hospitalization and involuntary treatment with medication. B.A.C. was admitted to the North Dakota State Hospital on June 6, 2017. Prior to being admitted, B.A.C. drove his car into a pond near Devils Lake. He then walked barefoot away from the pond and invaded a private residence. When confronted inside, B.A.C. offered to buy the property. After B.A.C. was ordered to leave, he walked approximately two miles further before he was apprehended by police. In talking to the police officers, B.A.C. made several delusional statements about Bill Gates, Bill Clinton, and Donald Trump, which included stating that he himself was the richest man in the world and that was why Bill Clinton wanted to kill him. The police took B.A.C. to a hospital in Devils Lake. He was then transported to the North Dakota State Hospital in Jamestown. The State Hospital petitioned the district court for involuntary commitment of B.A.C. At the State Hospital, B.A.C. had refused to take prescribed medication and expressed his wish to leave the hospital. An examination was performed by a doctor of psychology at the State Hospital, who found B.A.C. to be mentally ill and noted that if "untreated on an inpatient basis he would likely place himself at risk, as he did just prior to the current admission." A psychiatrist performed an independent evaluation on B.A.C. and found him to have a primary psychotic disorder, and also believed releasing B.A.C. from the hospital without treatment would likely result in self-harm. The North Dakota Supreme Court affirmed the district court order, concluding that B.A.C.'s release did not moot this appeal and that the district court did not clearly err when it found by clear and convincing evidence that B.A.C. was a mentally ill person requiring inpatient treatment. View "Interest of B.A.C." on Justia Law

A.D., mother of P.T.D., C.R.D., P.A.D., P.P.D., and N.A.D., appealed a juvenile court order finding her five children were deprived under N.D.C.C. 27-20-02(8). These proceedings arose after the State alleged the children were subject to repeated exposure to domestic violence between A.D. and T.D.; A.D.'s methamphetamine and other substance abuse and the presence of controlled substances in the home; T.D.'s suicide attempts; and other mental health issues. After the deprivation hearing, the juvenile court found the children were deprived by clear and convincing evidence. The juvenile court ordered the children removed from the care, custody, and control of their parents on February 13, 2017. The North Dakota Supreme Court reversed and remanded, finding the juvenile court noted drug use, mental health issues, domestic violence, and other health issues in its order, but it failed to connect those facts to the children's deprivation. The Court remanded with instructions that the juvenile court make adequate findings of fact to determine whether P.T.D., C.R.D., P.A.D., P.P.D., and N.A.D. were deprived children based on the evidence presented at the initial deprivation hearing. View "Interest of P.T.D." on Justia Law

Shawn Brew appealed a judgment granting him a divorce from Jennifer Brew, distributing their marital property, and ordering him to pay child support. Shawn argued the district court's property distribution was inequitable, the court improperly calculated his child support obligation, and the court erred in ordering him to pay attorney's fees. A district court is required to equitably distribute marital property in a divorce proceeding, and a property division does not need to be equal to be equitable. Under the child support guidelines, a district court averages a self-employed obligor's income over the most recent five years to determine income from self-employment. The district court has discretion to award attorney's fees when one party's actions have unreasonably increased the time spent on a case. Finding no clear error in the district court's judgment, the North Dakota Supreme Court affirmed the judgment. View "Brew v. Brew" on Justia Law

In 2015, Beach Railport, LLC commenced this action against the Donnell and Jeanne Michels, for the partition of real property in Golden Valley County. Beach Railport and the Michels each owned an undivided one-half interest in the subject property, consisting of two tracts of land totaling eighty acres: the "North Forty" and the "South Forty." Donnell Michels used the property for agricultural purposes. Beach Railport acquired its interest in the North Forty and various other tracts of land around the subject property as part of its planned construction of a rail trans-load facility. It sought and obtained changes in zoning for certain property parcels. Beach Railport's construction plan did not include development on the South Forty acres. The Michels appealed the ultimate judgment partitioning real property between the Michels and Beach Railport. After review, the North Dakota Supreme Court concluded the district court erred by applying an incorrect legal standard to review and adopt the partition referee's report, and that the court erred by not holding an evidentiary hearing. The Court therefore reversed and remanded for further proceedings. View "Beach Railport, LLC v. Michels" on Justia Law

John Gassmann died in February 2012. Margaret Oakland was his only child. Under a generation-skipping trust created by his parents, Gassmann had a special power of appointment over the trust estate, which included family farmland. The power was exercisable "by appointment, outright or in trust, in such portions as my child may appoint in a valid testamentary instrument that specifically refers to this special power of appointment." The trust prohibited Gassmann from exercising the power in favor of himself, his estate, his creditors, or creditors of his estate. The generation-skipping trust provided that unless Gassmann exercised the power of appointment in a valid testamentary instrument, all trust assets would pass to Gassmann's descendants at Gassmann's death. Gassmann exercised the special power of appointment through both his will and revocable living trust executed in 2011. Gassmann exercised his special power of appointment by distributing all of the real estate in his generation-skipping trust to the Valley Township Land Trust ("land trust") and the residue of the trust estate to the Canadian Mineral Share Trust ("mineral trust"), which were both created under Gassmann's revocable living trust. Oakland was a primary beneficiary of the mineral trust, not of the land trust. After Gassmann's death, Oakland contested his will and revocable living trust. Oakland argued Gassmann's will was invalid, alleging he executed the will under an insane delusion. Oakland appealed the district court order granting Bell Bank's petition to approve the accounting, distribution, and termination of the John T. Gassmann generation-skipping trust. She also appealed an order denying her motion for relief from the order approving Bell Bank's petition, arguing Gassmann improperly exercised a special power of appointment over the trust estate and that Bell Bank breached its fiduciary duty of impartiality. Finding no reversible error in the district court judgment, the North Dakota Supreme Court affirmed. View "Matter of John T. Gassmann Trust" on Justia Law

William Wilkinson and the other plaintiffs appeal and Statoil & Gas, LP and EOG Resources, Inc. cross-appeal from a summary judgment determining the Board of University and School Lands of the State of North Dakota ("Land Board") owns certain property below the ordinary high watermark of the Missouri River. Wilkinson argues the district court erred in determining ownership of the mineral interests. Chapter 61-33.1, N.D.C.C., became effective on April 21, 2017. The proceedings in this case began in 2012, and the trial court granted summary judgment in May 2016. Chapter 61-33.1, N.D.C.C., only applied to this case if it applied retroactively. The North Dakota Supreme Court concluded N.D.C.C. ch. 61-33.1 applied retroactively, and that the district court did not have an opportunity to consider this statutory provisions when it decided ownership of the disputed minerals. The Supreme Court, therefore, remanded this case for the district court to determine whether N.D.C.C. ch. 61-33.1 applied and governs ownership of the minerals at issue in this case. View "Wilkinson v. Board of University and School Lands of the State of N.D." on Justia Law

Marqus Welch appealed, and Workforce Safety and Insurance ("WSI") cross-appealed a judgment affirming an administrative law judge's ("ALJ") decision that affirmed a WSI order ending Welch's vocational rehabilitation benefits and disability benefits and that reversed a WSI order finding Welch committed fraud and requiring him to repay benefits. To trigger the civil penalties for making a false statement in connection with a claim for WSI benefits, WSI must prove: (1) there is a false claim or statement; (2) the false claim or statement is willfully made; and (3) the false claim or statement is made in connection with any claim or application for benefits. The North Dakota Supreme Court concluded the ALJ did not err in affirming WSI's disability benefits order because a reasoning mind could reasonably conclude Welch could return to work. The Court concluded, however, the ALJ misapplied the law in failing to apply the proper definition of "work" and in analyzing whether Welch had "willfully" made false statements. View "Welch v. Workforce Safety & Insurance" on Justia Law