Justia North Dakota Supreme Court Opinion Summaries

Fritz Opp appealed the dismissal of his case for want of jurisdiction. Opp attempted to appeal a Bureau of Criminal Investigation (“BCI”) decision denying his application for a concealed weapons license under N.D.C.C. ch. 62.1-04. The court held it lacked subject matter jurisdiction because Opp had not complied with the requirements for perfecting an appeal under the Administrative Agencies Practice Act, N.D.C.C. ch. 28-32 (“AAPA”). The North Dakota Supreme Court affirmed dismissal of the action for want of jurisdiction, but modified the judgment to dismiss without prejudice. View "Opp v. Office of the North Dakota Attorney General - BCI CWL Unit, et al." on Justia Law

Lance Hagen filed a public records request related to a condemnation case he was a party to involving the City of Lincoln and North Dakota Insurance Reserve Fund (“NDIRF”). Hagen sought to determine how the City of Lincoln and NDIRF spent approximately $1.1 million dollars on litigation costs defending the action. NDIRF did not produce all requested records, and the parties sought relief from the district court. Hagen appealed the district court’s judgment that concluded certain documents belonging to NDIRF were exempt from release under the potential liability exception outlined in N.D.C.C. § 44-04-19.1(8). Hagen argued the court abused its discretion by finding NDIRF itself faced potential liability because its members could face potential liability, and because the court discussed the fiscal effect of a disclosure on NDIRF, which Hagen argued exceeded the scope of the North Dakota Supreme Court’s remand order in Hagen v. North Dakota Insurance Reserve Fund, 971 N.W.2d 833. Because the Supreme Court concluded the potential liability exception under N.D.C.C. § 44-04-19.1(8) did not apply to any of the documents determined by the district court to be exempt, the Court reversed. View "Hagen v. N.D. Insurance Reserve Fund" on Justia Law

A.D. appealed on behalf of her son G.R.D., a court order placing him in the custody of the Division of Juvenile Services (DJS). In September 2022, G.R.D. was charged with committing simple assault on his mother. He was detained at the Grand Forks County Juvenile Detention Center and subsequently adjudicated as a delinquent child. He remained in his mother’s custody and was placed on supervised probation for 12 months and ordered to participate in drug court. In November 2022, G.R.D. was detained based on allegations he violated conditions of probation and committed new offenses. The juvenile court ordered that G.R.D. remain at the juvenile detention center and undergo diagnostic testing. On November 23, 2022, the juvenile court conducted an initial appearance on the probation revocation petition and ordered G.R.D to home detention in the custody of his mother. G.R.D. was alleged to have used methamphetamine within hours of being released into his mother’s custody. On November 28, 2022, the juvenile court conducted a detention hearing and ordered that G.R.D. be detained for again violating his probation. After a detention review hearing on December 27, 2022, the juvenile court found G.R.D. remained a delinquent child and ordered him into the custody of DJS for up to 12 months. The court also ordered DJS to place G.R.D. in a treatment center as soon as possible. A.D. argued the juvenile court erred by granting the DJS custody of G.R.D. instead of her, and the court’s findings were based on stale evidence. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's order. View "Interest of G.R.D." on Justia Law

Cameron and Danielle Mickelson appealed a district court order granting summary judgment to the City of Rolla and the subsequently entered judgment. Their attorney, Rachael Mickelson Hendrickson, requested records from the City under the state’s open records statute, N.D.C.C. § 44-04-18. The City argued that the district court properly granted summary judgment because, among other things, the Mickelsons failed to give the City notice under N.D.C.C. § 44-04-21.2(3). Finding no reversible error in that judgment, the North Dakota Supreme Court affirmed. View "Mickelson, et al. v. City of Rolla" on Justia Law

Blue Steel owned an unleased oil and gas interest in the Clarks Creek-Bakken Pool, McKenzie County, North Dakota. In 2012, the Commission pooled all pertinent oil and gas interests in the Clarks Creek-Bakken formation for the development and operation of a spacing unit. That unit—The Jore Federal Spacing Unit—had the capacity for 24 wells. White Butte Oil Operations, LLC operated ten wells that were completed in the spacing unit. White Butte was a company affiliated with Slawson Exploration Company, Inc., and which operated oil wells on the Fort Berthold Indian Reservation. In August 2019, Slawson sent Blue Steel a proposal to participate in four wells, but Blue Steel did not return an election to participate. In October 2019, Slawson sent Blue Steel a proposal to participate in two wells. Blue Steel did not return an election to participate or accept the opportunity to lease. Nor did the record show Reeves Dalton, the co-founder of Blue Steel, or any other person acting on behalf of Blue Steel, contacted Slawson about the invitations. Slawson began the risk penalty process for the six wells. In August 2021, Blue Steel applied to the Commission for an order finding Blue Steel was not subject to a risk penalty because Slawson failed to make a proper invitation to participate and a good-faith attempt to lease. In December 2021, the Commission held a hearing on the application. In February 2022, the Commission issued an order denying Blue Steel’s application, finding Slawson met the good-faith attempt to lease requirement. In March 2022, Blue Steel appealed to the district court, which affirmed the Commission’s decision. On appeal, Blue Steel argued the Commission erred when it concluded Slawson could impose a risk penalty on Blue Steel. In particular, Blue Steel claimed the Commission erred by finding Slawson made a good-faith attempt to obtain Blue Steel’s interest without first providing a proposed lease “containing a primary term, a per-acre bonus, a royalty rate, and other clauses.” After review, the North Dakota Supreme Court affirmed the Commission’s order finding Slawson made a good-faith invitation to lease or participate, and concluding Blue Steel was subject to a risk penalty. View "Blue Steel Oil and Gas v. NDIC, et al." on Justia Law

Alexander Nelson appealed a district court judgment affirming the Department of Transportation hearing officer’s decision revoking his driving privileges for two years. After review, the North Dakota Supreme Court concluded there was not a valid request to submit to a screening test in accordance with N.D.C.C. § 39-20-14(3) to support a determination of refusal to submit to testing under N.D.C.C. § 39-20-14. The Court therefore reversed the district court judgment and the Department’s decision and remanded to reinstate Nelson’s driving privileges. View "Nelson v. NDDOT" on Justia Law

Workforce Safety and Insurance (“WSI”) and John Sandberg appealed a district court judgment affirming in part and reversing in part an Administrative Law Judge’s (“ALJ”) decision on remand, entered after the North Dakota Supreme Court's decision in State by & through Workforce Safety and Insurance v. Sandberg (“Sandberg II”), 956 N.W.2d 342. On appeal, the North Dakota Supreme Court determined the ALJ had made conflicting and insufficient findings to support the finding that Sandberg’s claim was compensable and it was “unable to reconcile the ALJ’s decision with the statutory requirements for medical evidence supported by objective medical findings for a compensable injury in N.D.C.C. § 65-01-02(10).” On remand, the ALJ made additional findings and again held Sandberg met his burden of proving by a preponderance of the evidence that he had sustained a compensable injury. WSI appealed to the district court and the court affirmed the ALJ’s order. On the second appeal, the Supreme Court affirmed the “judgment affirming the ALJ’s revised order to the extent the order found Sandberg sustained a compensable injury; however, the Court remand[ed] the case to WSI for further proceedings on whether benefits must be awarded on an aggravation basis under N.D.C.C. § 65-05-15.” On remand, WSI reversed its decision and accepted Sandberg’s claim on an aggravation basis and denied Sandberg disability benefits. Sandberg appealed to the district court, which affirmed WSI’s determination to award benefits on an aggravation basis and reversed the ALJ’s affirmance of WSI’s denial of disability benefits concluding WSI exceeded the scope of remand provided in Sandberg II. The Supreme Court concluded the district court erred in finding WSI exceeded the scope of the remand and in reversing the ALJ's order affirming WSI's denial of disability benefits. The Court affirmed the district court affirmance of the ALJ’s order awarding benefits on an aggravation basis under N.D.C.C. § 65-05-15. The Court reinstated the ALJ’s order affirming WSI’s denial of disability benefits. View "Sandberg v. WSI, et al." on Justia Law

The North Dakota Department of Health and Human Services1 appealed a district court judgment reversing the Department’s order affirming the denial of Joseph Jahner’s application to enroll as a Medicaid provider. n December 2020, Jahner applied with the Department to be an enrolled provider with North Dakota Medicaid as a peer support specialist. In June 2021, the Department denied Jahner’s application. The Department stated its Medicare Provider Enrollment Screening Policy (“1915(i) Policy”) prohibited Jahner “from enrolling as a provider with ND Medicaid” because of his criminal history. Between 2002 and 2017, Jahner was convicted of 13 crimes, including negligent homicide, reckless endangerment, aggravated assault, assault, and menacing. After the hearing, the ALJ recommended reversing the Department’s decision, concluding the Department should have done a thorough review of Jahner’s criminal history to determine if any offenses had a direct bearing on the position of peer support specialist. The Department did not adopt the ALJ’s recommended decision, and affirmed its decision denying Jahner’s application. The Department concluded peer support specialists serve a vulnerable population, Jahner’s criminal offenses have a direct bearing on the position of peer support specialist, and he was not sufficiently rehabilitated. The Department’s decision prevented Jahner from becoming a Medicaid provider but did not affect his ability to work as a peer support specialist. The district court reversed the Department's decision, holding the Department’s decision was not in accordance with the law. The North Dakota Supreme Court concluded the Department’s findings of fact were supported by a preponderance of the evidence, and its conclusions of law were supported by its findings of fact. It therefore reversed the district court’s judgment and reinstated the Department’s order. View "Jahner v. NDDHS" on Justia Law

Senske Rentals, LLC, appeals a district court’s order affirming the City of Grand Forks Special Assessment Commission’s decision to specially assess property for street improvements. Senske argues the Special Assessment Commission acted in an arbitrary, capricious, and legally unreasonable manner by failing to comply with the requirements of N.D.C.C. § 40-23-07 to determine the assessment to its properties. Finding Senske has not met its burden to show the assessments were invalid or that the Commission failed to comply with the statutory requirements under N.D.C.C. § 40-23-07, the North Dakota Supreme Court affirmed the district court. View "Senske Rentals, et al. v. City of Grand Forks" on Justia Law

North Dakota Attorney General Drew Wrigley, on behalf of the State of North Dakota (“the State”), sought a supervisory writ to vacate a district court’s order granting a preliminary injunction enjoining enforcement of N.D.C.C. § 12.1-31-12. The injunction was granted in Access Indep. Health Servs., Inc., et al. v. Wrigley, et al., Burleigh Co. Court No. 2022-CV- 01608. The State argued the district court abused its discretion in granting the injunction because Access Independent Health Services, Inc., d/b/a Red River Women’s Clinic (“RRWC”) and the other plaintiffs failed to prove: (1) they had a substantial likelihood of success on the merits; (2) they would suffer irreparable injury; (3) there would be harm to other interested parties; and (4) the effect on the public interest weighed in favor of granting a preliminary injunction. The North Dakota Supreme Court found that while the regulation of abortion was within the authority of the legislature under the North Dakota Constitution, RRWC demonstrated likely success on the merits that there was a fundamental right to an abortion in the limited instances of life-saving and health-preserving circumstances, and the statute was not narrowly tailored to satisfy strict scrutiny. The Court granted the requested review, denied the relief requested in the petition, and left in place the order granting a preliminary injunction. View "Wrigley v. Romanick, et al." on Justia Law