Justia North Dakota Supreme Court Opinion Summaries

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

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

Harold Olson appealed a district court order affirming the North Dakota Department of Transportation's ("Department") revocation of his driving privileges for two years, following an arrest for driving under the influence. The revocation of driving privileges for refusal to submit to chemical testing requires a valid arrest; in the absence of authority from Congress, the State lacks criminal jurisdiction over crimes committed by non-member Indians on tribal land. Whether an officer has jurisdiction to arrest depends on the law of the place where the arrest is made. Olson argued the deputy lacked the authority to arrest him on tribal land and that a valid arrest was a prerequisite to revocation of his driving privileges. Absent a valid arrest, Olson argued the revocation order was not in accordance with the law. The North Dakota Supreme Court determined the deputy lacked authority to arrest Olson, a non-member Indian, on Mandan, Hidatsa and Arikara Nation tribal land. The Court therefore reversed the district court's order affirming the Department's revocation of Olson's driving privileges and reinstated Olson's driving privileges. View "Olson v. N.D. Dep't of Transportation" on Justia Law

Cameron and Mary Susan Arnegard appealed a trial court judgment relating to a conditional use permit (CUP) obtained from Arnegard Township in McKenzie County, North Dakota. The Arnegards argued the district court erred in granting the Township's motion in limine to exclude a buy-sell agreement; denying their motion to amend their complaint on a due process claim; granting summary judgment dismissing their breach of contract, actual fraud and equitable estoppel claims; dismissing their negligence and deceit claims by directed verdict; and determining no party prevailed in the action. The Arnegards also argued the district court abused its discretion by denying their motion to amend their complaint at trial. The Township cross-appealed, arguing the district court erred in granting judgment as a matter of law in favor of the Arnegards' due process claim. Zoning ordinances and amendments are valid if a township follows the statutory procedures. A conditional use permit does not by itself create a contract between a township and a landowner. A township has no duty to disclose validly enacted zoning ordinances or amendments beyond the notice and filing procedures provided by statute. A claim of constitutional due process violation first requires a protected property interest created by an independent source of law. The North Dakota Supreme Court affirmed the district court regarding dismissal of the Arnegards' breach of contract, actual fraud and equitable estoppel claims. The Court affirmed the judgment regarding directed verdicts in favor of the Township on the negligence and deceit claims. However, the Court reversed the judgment regarding the Arnegards' due process claim and the award of nominal damages, and remanded to the district court for further proceedings. View "Arnegard v. Arnegard Township" on Justia Law

Leon Pfingsten appealed a district court order granting Owego Township's motion to dismiss an appeal. In 2015, several Owego Township residents petitioned for alteration of what was known as Bagoon Road. In April 2015 the Township sued Pfingsten to have that portion of Bagoon Road on Pfingsten's property declared a public road by prescriptive easement, to prevent Pfingsten from claiming any adverse interest in the road and to have damages awarded for Pfingsten's intentional injury to the road. The Township also sought access to Pfingsten's property for surveying. Pfingsten counterclaimed for trespass. The district court entered a stipulated order providing that the Township had the right to survey Pfingsten's land before December 31, 2016 and, upon completion of the survey, the Township would proceed with a taking action. The district court stayed the action until December 31, 2016. On September 26, 2016, the Township acted on the March 2015 petition and adopted and filed with the Township Clerk an order to alter highway and a statement of damages. The order to alter highway changed the location of Bagoon Road on Pfingsten's property; the statement of damages valued Pfingsten's two acres at $9,000. Pfingsten did not appeal the Township's award of damages. On December 3, 2016 the Township adopted a confirmation of order to alter highway and confirmation of statement of damages. On December 22, 2016 Pfingsten received a $9,000 check from the Township. He appealed to the district court on January 19, 2017. The Township moved to dismiss the appeal. The district court ruled that Pfingsten's appeal was untimely under N.D.C.C. sections 24-07-22 and 28-34-01 and granted the Township's motion to dismiss the appeal. Pfingsten argued on appeal to the North Dakota Supreme Court the district court erred by concluding his appeal was untimely. Finding no error, the Supreme Court affirmed: a township's determination or award of damages must be appealed within thirty days of filing under N.D.C.C. Sections 24-07-22 and 28-34-01. View "Owego Township v. Pfingsten" on Justia Law

Leon Pfingsten appealed a district court order granting Owego Township's motion to dismiss an appeal. In 2015, several Owego Township residents petitioned for alteration of what was known as Bagoon Road. In April 2015 the Township sued Pfingsten to have that portion of Bagoon Road on Pfingsten's property declared a public road by prescriptive easement, to prevent Pfingsten from claiming any adverse interest in the road and to have damages awarded for Pfingsten's intentional injury to the road. The Township also sought access to Pfingsten's property for surveying. Pfingsten counterclaimed for trespass. The district court entered a stipulated order providing that the Township had the right to survey Pfingsten's land before December 31, 2016 and, upon completion of the survey, the Township would proceed with a taking action. The district court stayed the action until December 31, 2016. On September 26, 2016, the Township acted on the March 2015 petition and adopted and filed with the Township Clerk an order to alter highway and a statement of damages. The order to alter highway changed the location of Bagoon Road on Pfingsten's property; the statement of damages valued Pfingsten's two acres at $9,000. Pfingsten did not appeal the Township's award of damages. On December 3, 2016 the Township adopted a confirmation of order to alter highway and confirmation of statement of damages. On December 22, 2016 Pfingsten received a $9,000 check from the Township. He appealed to the district court on January 19, 2017. The Township moved to dismiss the appeal. The district court ruled that Pfingsten's appeal was untimely under N.D.C.C. sections 24-07-22 and 28-34-01 and granted the Township's motion to dismiss the appeal. Pfingsten argued on appeal to the North Dakota Supreme Court the district court erred by concluding his appeal was untimely. Finding no error, the Supreme Court affirmed: a township's determination or award of damages must be appealed within thirty days of filing under N.D.C.C. Sections 24-07-22 and 28-34-01. View "Owego Township v. Pfingsten" on Justia Law

St. Alexius Medical Center, doing business as Great Plains Rehabilitation ("Great Plains"), appealed a district court judgment affirming a Department of Human Services ("the Department") determination that the Department was entitled to recoup overpayments made to Great Plains. Great Plains argued the Department's decision had to be reversed because the Department did not issue the decision within the statutory time limit, the Department did not provide a fair process for disputing the Department's position, and the Department's findings of fact are not supported by the evidence. Finding no reversible error in the district court or the Department's decisions, the North Dakota Supreme Court affirmed. View "St. Alexius Medical Center v. N.D. Dep't of Human Services" on Justia Law

St. Alexius Medical Center, doing business as Great Plains Rehabilitation ("Great Plains"), appealed a district court judgment affirming a Department of Human Services ("the Department") determination that the Department was entitled to recoup overpayments made to Great Plains. Great Plains argued the Department's decision had to be reversed because the Department did not issue the decision within the statutory time limit, the Department did not provide a fair process for disputing the Department's position, and the Department's findings of fact are not supported by the evidence. Finding no reversible error in the district court or the Department's decisions, the North Dakota Supreme Court affirmed. View "St. Alexius Medical Center v. N.D. Dep't of Human Services" on Justia Law

The North Dakota Department of Human Services appealed a district court judgment reversing the Department's order deciding Sanford HealthCare Accessories received overpayments for medical equipment supplied to Medicaid recipients and ordering recoupment. The North Dakota Supreme Court reversed and remanded, concluding the district court erred in deciding the Department's failure to comply with the statutory time requirement for issuing its final order precluded the Department from acting. View "Sanford Healthcare Accessories, LLC v. N.D. Dep't of Human Services" on Justia Law