Justia North Dakota Supreme Court Opinion Summaries

The Williston Education Association ("WEA") sued the Williston Public School District No. 1 ("District") on behalf of Williston middle school teachers. The WEA claimed the District owed teachers compensation for extra classes they taught during the 2012-2013 school year. The underlying dispute was whether prime time constituted a "class period" under the terms of the Agreement. If the court interpreted "class period" to include prime time, the District would owe teachers additional compensation because they taught six or more class periods plus prime time during the 2012-2013 school year. If prime time was not a "class period," the majority of teachers only taught six class periods; the District would not owe them extra compensation. The district court interpreted "class period" to include prime time. It awarded summary judgment in favor of the WEA and ordered the District pay damages to the teachers. The District filed a timely appeal. When a trial court can reasonably draw conflicting inferences from undisputed facts, summary judgment is improper. The Supreme Court concluded the district court erred when it granted the WEA's motion for summary judgment, finding there were multiple issues of fact from which "differing reasonable inferences could be drawn." The Supreme Court reversed and remanded for the trial court to resolve these issues of fact. View "Williston Education Association v. Williston Public School Dist. No. 1" on Justia Law

In June 2015, the State began this civil action against Patricia Goodale, contending that her home was a public nuisance. The Walsh County sheriff's office personally served Goodale with the summons and complaint. On August 5, 2015, after several weeks without receiving an answer from Goodale, the State filed with the district court an affidavit of default and proof for judgment; proposed findings of fact, conclusions of law, and order for abatement; and a proposed judgment. On August 7, 2015, the district court signed the findings and order, and a default judgment for abatement of nuisance was entered. Goodale was served notice of the judgment. Goodale did not seek relief from the default judgment in the district court under N.D.R.Civ.P. 60(b), but instead appealed directly to the North Dakota Supreme Court. Finding no reversible error, the Supreme Court affirmed. View "North Dakota v. Goodale" on Justia Law

Friends of Duane Sand 2012 was a political campaign committee formed for the 2012 election of Duane Sand as a United States Senator from North Dakota. Friends of Duane Sand ceased operation in June 2012, when Sand was defeated in the state primary election. In 2013, the Job Service received an interstate request to investigate whether Friends of Duane Sand was required to pay unemployment insurance for Joe Meyer, a campaign worker who filed a claim for unemployment benefits in Minnesota. Friends of Duane Sand claimed its campaign workers were either independent contractors or volunteers and it was not subject to charges for unemployment insurance. After an investigation and a hearing, an administrative law judge determined Friends of Duane Sand was an employing unit, Meyer was an independent contractor and not an employee, and another campaign worker, Sarah Mohler, was an employee. Job Service declined to review the administrative law judge's decision. Friends of Duane Sand 2012 appealed a district court order denying a motion for reconsideration of a judgment affirming a Job Service decision that Friends of Duane Sand was an employing unit and that Sarah Mohler was an employee. The Supreme Court dismissed, finding that post-judgment motions under N.D.R.Civ.P. 59 and 60 were not applicable to a district court's review of an appeal from a Job Service decision. Further, the Court found Friends of Duane Sand 2012 did not timely appeal the judgment affirming Job Service's decision. View "Sand v. Job Service" on Justia Law

Dwight Johnson and Darin Vangsness appealed from a judgment affirming the State Board of Public School Education's decision to deny their petition for annexation of property from one school district to another. Johnson and Vangsness owned land that was transferred to the Lewis and Clark district, and they sought annexation of property to the Garrison district. The McLean and Ward county committees approved the petition. The petition was then submitted to the State Board of Public School Education for approval. Proponents and opponents of the petition testified and presented other evidence. Johnson, Vangsness and others, including the superintendent of Garrison, testified in favor of the annexation petition. The superintendent of Lewis and Clark and the president of its school board testified in opposition to the petition. Because the Board acted in accordance with the law, did not violate Johnson and Vangsness' constitutional rights or their rights to a fair hearing, and its decision was supported by a preponderance of the evidence, the Supreme Court affirmed the judgment. View "Annexation of a Part of Lewis & Clark Public Sch. Dist." on Justia Law

The City of Williston shut down a man camp because of the lack of a fire protection system. Black Gold Oil Field Services applied and received multiple extensions for time to install the system, and finally got approved for a water tank (first step in the installation). At a City meeting, the City fire chief recommended shutting down the camp because it didn't seem like much progress was being made to install the system. The City accepted recommendation and shut down the camp. Black Gold filed for an injunction to stop the City from shutting its camp. The Supreme Court concluded that Black Gold failed to establish a substantial probability of succeeding on the merits of its underlying lawsuit against Williston and the City Commission and that the district court did not abuse its discretion in denying Black Gold's request for a preliminary injunction. View "Black Gold Oil Field Services, LLC v. City of Williston" on Justia Law

Maurice Thill appealed a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. Thill argued that the district court's order was not supported by clear and convincing evidence and that the findings were inadequate. After reviewing the record, the Supreme Court determined the district court did not make sufficient findings enabling the Court to review the appeal. The district court did not identify the facts on which it relied in determining Thill's likelihood to engage in further sexual predatory conduct or the facts on which it relied in determining Thill had serious difficulty in controlling his behavior. "These conclusory, general findings do not comply with N.D.R.Civ.P. 52(a)." The case was remanded for specific findings of fact. View "Interest of Thill" on Justia Law

In 2014, appellee Neil Bayles was arrested and charged with driving under the influence. He timely requested an administrative hearing, at the conclusion of which, an administrative hearing officer suspended Bayles' driving privileges for ninety-one days. The North Dakota Department of Transportation appealed a district court judgment reversing the administrative hearing officer's decision suspending Bayles' driving privilege because the Department failed to timely file the hearing transcript within the twenty-day period under N.D.C.C. 39-20-06. The North Dakota Supreme Court reversed, concluding the district court erred as a matter of law by summarily reversing the hearing officer's decision based on noncompliance with the statute, and because Bayles failed to show prejudice caused by the claimed delay or demonstrate the Department systemically disregarded the requirements of the law. View "Bayles v. N.D. Dep't of Transportation" on Justia Law

Blume Construction, Inc. appealed a district court judgment affirming a Job Service North Dakota decision, finding Blume did not file a valid appeal and the agency's determination assigning Blume a final penalty tax rate. Blume received a notice of determination from Job Service informing Blume that it would be assigned a penalty tax rate for unemployment insurance. The notice stated the agency conducted an audit and concluded there was a transfer of ownership and payroll between Blume and another company that was knowingly done to obtain a lower tax rate for unemployment insurance. The notice informed Blume it would be assigned the highest tax rate assignable for the next three years. The notice advised Blume the determination would become final unless a written appeal was made to Job Service within fifteen days. Job Service received an electronic appeal request for Blume signed by Craig Fidler. Fidler was identified as a licensed attorney from Colorado. Fidler was not licensed to practice law in North Dakota. In approximately May 2014, Fidler notified the referee he was unable to secure a sponsoring attorney licensed in North Dakota. During that same time period, the referee was informed a North Dakota attorney would be representing Blume. Blume argued the referee erred in finding Blume's attorney engaged in the unauthorized practice of law and the appealed request the attorney filed was void. Finding no reversible error, the Supreme Court affirmed. View "Blume Construction, Inc. v. North Dakota" on Justia Law

Christopher Williamson appealed a district court order affirming the Department of Transportation hearing officer's decision to suspend his driving privileges for two years. Officer Travis Martinson stopped Williamson after he drove over a fire hose at a fire scene. Martinson smelled alcohol in Williamson's vehicle and noticed Williamson had bloodshot, watery eyes and slurred speech. Williamson refused field sobriety tests but consented to perform an onsite screening test. The onsite test estimated Williamson's blood alcohol content was greater than permitted for operating a vehicle and Martinson arrested Williamson. Martinson took Williamson to the Williams County Correctional Center and Sergeant Randy Haugenoe administered an Intoxilyzer 8000 chemical test. The Intoxilyzer reported Williamson had a blood alcohol concentration of 0.231 percent by weight. A hearing officer introduced the Intoxilyzer report at an administrative hearing. Williamson objected, alleging the statutory requirements were not met and the report was inadmissible for lack of foundation. The hearing officer concluded the test was fairly administered, the objection was overruled and the hearing officer's suspension of Williamson's driving privileges for two years was not in error. The district court affirmed the decision. Williamson appealed, arguing the district court erred by receiving evidence that was not adequately authenticated. Finding no error, the Supreme Court affirmed. View "Williamson v. N.D. Dep't of Transportation" on Justia Law

James Leno appealed a Department of Transportation decision to suspend his driving privileges for 91 days. Because the Supreme Court concluded the arresting officer's testimony sufficiently established he performed the required steps listed on the specimen submitter's checklist and Leno received a fair and impartial hearing, the Court affirmed the judgment. View "Leno v. N.D. Dep't of Transportation" on Justia Law