Justia North Dakota Supreme Court Opinion Summaries

Plaintiffs Lee Brandvold, Steve Bigelow, Dwight Johnson, Nikki Johansen, and Bruce Peterson (collectively "Brandvold") appealed a district court judgment dismissing their petition for declaratory and injunctive relief. In 2009, the school board of the District voted to close the elementary school located in Ryder as part of an overarching reorganization plan. In February 2010, Brandvold filed a petition in district court alleging that the reorganization process had been tainted by fraud because the Berthold Public School District had not disclosed during its reorganization process information about certain outstanding debts it owed on lease-purchase transactions. Brandvold sought a declaration that the reorganization was invalid and that the District be dissolved and the former districts be reinstated. Brandvold also sought an injunction prohibiting the District from closing any school within the District. The District moved for judgment on the pleadings for Brandvold's failing to state a claim upon which relief could be granted. The district court granted the motion, and judgment was entered dismissing the petition. On appeal, Brandvold challenged only the dismissal of the request for declaratory relief, not the dismissal of the request for injunctive relief. The Supreme Court affirmed, concluding the district court did not err in granting judgment on the pleadings dismissing the petition for failure to state a claim upon which relief could be granted because the alleged irregularities in the reorganization process were rendered moot by the completion of a District-wide election: "[c]onstruing the petition in the light most favorable to Brandvold and accepting the allegations in the petition as true, we conclude no justiciable controversy was presented and the district court did not err in dismissing the petition ." View "Brandvold v. Lewis &Clark Public Sch. Dist." on Justia Law

Plaintiff-Appellant Kathleen Godon appealed the district court's judgment dismissing her complaint for breach of contract against the Defendant-Appellee Kindred Public School District. Plaintiff entered into a teaching contract with the School District for the 2008-2009 school year. In addition to the teaching contract, Plaintiff’s employment was subject to a professional negotiation agreement between the Kindred School Board and the Kindred Education Association. This more extensive agreement provides other terms of employment, including the base salary for a teacher in the District and the types and amounts of leave a teacher receives. The agreement did not provide for unpaid leave, but before the start of the school year, Plaintiff asked the District administration to allow her to take a week off work for travel. The District approved her request but required that she take unpaid leave for the days she could not apply personal leave. Plaintiff agreed to these terms. When school was not scheduled to be in session because of spring break, the District held school to make up for a storm day cancellation. Plaintiff did not work that day. While Plaintiff was away, the District cancelled school to allow employees and students to respond to imminent flooding in the Red River and Sheyenne River valleys. The District paid all teachers who did not request leave for this period as if school had been in session. Of four teachers who had previously requested and were granted leave during the flood cancellation period, only Plaintiff challenged the District's decision and filed a grievance. She claimed she should have been paid like all other teachers in the District who did not teach during the flood period. The District denied her grievance. Plaintiff brought suit in district court, alleging the District breached her teaching contract and violated her equal protection rights under the North Dakota Constitution. The district court ruled in favor of the District, finding that Plaintiff’s teaching contract was amended when the District granted her request for leave to travel. Upon review, the Supreme Court held Plaintiff's arguments as without merit. The Court affirmed the District and the district court's decisions.