Justia North Dakota Supreme Court Opinion Summaries

Robert Bolinske appealed the dismissal of his claims against former Supreme Court Justice Dale Sandstrom and former District Court Judge Gail Hagerty (“State Defendants”) and awarding them attorney’s fees. In October 2016, Bolinske alleged in a press release that the State Defendants conspired to misfile or hide a petition for supervisory writ that he submitted in a prior case and thus tampered with public records. A few days after this press release, Rob Port published an article on his “Say Anything” blog regarding Bolinske’s press release. The article stated Port contacted Sandstrom and quoted Sandstrom as having said Bolinske’s press release was “bizarre and rather sad” and that “[a]lthough I’ve been aware of his mental health problems for years, I don’t recall ever having seen anything in his email before.” Three days after the article was published, Hagerty filed a grievance complaint against Bolinske, alleging he violated the North Dakota Rules of Professional Conduct. Based on the complaint, a disciplinary action was brought against Bolinske. The Inquiry Committee found Bolinske violated the Rules of Professional Conduct and issued him an admonition. The Disciplinary Board of the Supreme Court affirmed, and the North Dakota Supreme Court affirmed, concluding his procedural due process rights were not violated. The Supreme Court affirmed dismissal of Bolinske’s complaint in part, concluding the district court properly dismissed Bolinske’s claims of procedural and substantive due process, civil conspiracy, malicious prosecution, abuse of process, intentional and negligent infliction of emotional distress, governmental bad faith, and tortious outrage. The Supreme Court reversed in part, concluding the district court erred by dismissing the defamation claim under the statute of limitations. The award of attorney’s fees was vacated and the matter remanded for further proceedings. View "Bolinske v. Sandstrom, et al." on Justia Law

The North Dakota Department of Transportation appealed a district court judgment reversing a Department hearing officer’s decision to suspend McKayla Hanson’s driving privileges. Hanson was arrested for driving under the influence of intoxicating liquor. Deputy Kyle Haman administered a chemical breath test using the Intoxilyzer 8000. The hearing officer found that Deputy Haman was the field inspector who installed the Intoxilyzer 8000 used in this matter and that he fairly administered the test in accordance with the approved method. The district court reversed the decision, concluding that the evidence did not show “when and if the Intoxilyzer was properly installed” and that the hearing officer abused her discretion in admitting the chemical breath test results. The Department argued on appeal to the North Dakota Supreme Court that documentation established the Intoxilyzer 8000 was installed by a field inspector before its use, and the hearing officer did not abuse her discretion in admitting the chemical breath test results. To this the Supreme Court concurred, reversed the district court judgment and reinstated the hearing officer’s decision. View "Hanson v. NDDOT" on Justia Law

Christine Larson, doing business as Active Nutrition, appealed a judgment entered after the district court ordered Larson’s appeal be dismissed and denied her request for a writ of mandamus. In a notice of decision dated January 27, 2021, Workforce Safety & Insurance (“WSI”) informed Larson that it had determined Active Nutrition is an employer subject to N.D.C.C. tit. 65, the Workforce Safety and Insurance Act, and that Active Nutrition was required to submit all earned wages for all employees for the previous four years and pay premiums, assessments, penalties, and interest accrued. The notice of decision also advised Larson that she could appeal the decision by “[s]ubmit[ting] a written request to WSI within 30 days to have the decision reconsidered[.]” On February 25, 2021, Larson mailed a written request for reconsideration to WSI. WSI received the request on March 1, 2021. On March 10, 2021, WSI sent Larson notice it received her request for reconsideration but the request was not timely. The notice also informed Larson that WSI’s decision dated January 27, 2021 was final. On May 27, 2021, Larson sent WSI a second request for reconsideration. Larson argued her first request for reconsideration was timely because WSI’s notice of decision was served by regular mail and therefore three additional days should be added to the time computation under N.D.R.Civ.P. 6(e). On June 8, 2021, WSI informed Larson it had received her second request, the request was not timely, and the decision was final. To the North Dakota Supreme Court, Larson argued her request for reconsideration was timely. Alternatively, she requested a writ of mandamus determining her request was timely and to direct WSI to review the merits of her request. The Supreme Court concluded Larson did not appeal from an appealable order and the district court did not abuse its discretion by denying her request for a writ of mandamus. Accordingly, judgment was affirmed. View "Larson v. WSI" on Justia Law

Blue Appaloosa, Inc., appealed a judgment affirming an Industrial Commission order determining it violated N.D. Admin. Code ch. 43-02-03 by beginning construction of a treating plant prior to obtaining a permit or filing a bond with the Commission. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Blue Appaloosa v. NDIC" on Justia Law

Dr. Jacob Schmitz appealed a district court judgment affirming the final order of the State Board of Chiropractic Examiners (“Board”) imposing discipline against him. He also appealed an order entered after a limited remand denying his motion for post-judgment relief under N.D.R.Civ.P. 60(b). Dr. Schmitz was a chiropractor licensed to practice in North Dakota. He owned and practiced at Freedom Chiropractic Health Center in Fargo, North Dakota. In March 2019 the Board issued an administrative complaint against Dr. Schmitz, alleging he failed to maintain the chiropractic standard of care for patient and clinical billing records in violation of N.D. Admin. Code 17-03-01-01(3), that Dr. Schmitz’s membership plans were in violation of N.D. Admin Code 17-03-01-05, and that Dr. Schmitz used Noridian Medicare Private Contract and Advanced Beneficiary Notice (ABN) forms to have patients opt out of Medicare in violation of N.D. Admin. Code 17-03-01-01(4). The Board requested the Office of Administrative Hearings (“OAH”) to appoint an ALJ to conduct an evidentiary hearing and issue recommended findings of fact, conclusions of law, and order. Both Dr. Schmitz and the Board moved for summary judgment. The ALJ held a telephonic hearing on the competing motions, issued a recommended order granting the Board’s summary judgment motion on each of the claims, and cancelled the previously scheduled evidentiary hearing. The North Dakota Supreme Court concluded the Board’s final order, adopting an administrative law judge’s (“ALJ”) recommended order for summary judgment, erred in granting summary judgment on the Board’s claims against Dr. Schmitz. The judgment and the Board’s final order were reversed, and the matter remanded to the Board to conduct an evidentiary hearing and to supplement the administrative record. View "Schmitz v. State Board of Chiropractic Examiners" on Justia Law

Koch Construction, Inc.; Marilyn Koch, Personal Representative of the Estate of Michael P. Koch; and Koch Property Investments, Inc. (collectively “appellants”) appealed the judgment and amended judgment entered in favor of Toman Engineering Company (“Toman”). Michael Koch owned and operated Koch Construction and Koch Property Investments (“KPI”). Toman provided engineering services to Koch Construction on various projects, including designing a stormwater management system for the Koch Meadow Hills residential development project in Dickinson, North Dakota. Michael died in August 2017. The stormwater management system included a detention pond referred to as the Marilyn Way Stormwater Pond, which was the detention pond at issue in this case. In 2016, Janet Prchal, Dean Kubas, and Geraldine Kubas, owners of property near the Koch Meadow Hills development, sued the City of Dickinson and KPI for damages, alleging the development of Koch Meadow Hills caused water to drain and collect on their properties. The Prchal lawsuit was settled in September 2018, and the settlement required modifications to be made to the Marilyn Way Stormwater Pond before June 30, 2019. The reconstruction work on the detention pond occurred during the summer and fall of 2019. Toman served a summons and complaint on Koch Construction and Marilyn Koch, to collect unpaid amounts for engineering services Toman provided to the defendants in 2017. Toman filed the complaint in the district court in June 2019. The appellants argued the district court erred in deciding they committed intentional spoliation of evidence and dismissing their counterclaim as a sanction. After review of the district court record, the North Dakota Supreme Court concluded the district court abused its discretion when it dismissed the appellants’ counterclaim as a sanction for spoliation of evidence. Judgment was reversed and the matter remanded for a new trial. View "Toman Engineering Co. v. Koch Construction, et al." on Justia Law

Mark McAllister appealed an amended judgment of condemnation that ultimately allowed the City of West Fargo to use its eminent domain power to acquire a right of way across his property. After review of the district court record, the North Dakota Supreme Court concluded the district court did not err in holding West Fargo was authorized to use quick-take eminent domain procedures for its sewage improvement project. Furthermore, the Court concluded the trial court did not abuse its discretion in granting West Fargo’s motion in limine to exclude testimony from trial that the taking impacted McAllister’s property’s conformance with the city’s setback requirements. View "City of West Fargo v. McAllister" on Justia Law

Workforce Safety and Insurance (“WSI”) sued law firm Boechler, P.C., and Jeanette Boechler, individually, to collect unpaid workers’ compensation premiums and penalties, and to enjoin them from employing others until they complied with the North Dakota Workers Compensation Act, including paying the premiums and penalties. The firm appealed the district court’s ultimate judgment holding the firm liable for the premiums and penalties, and Boechler appealed the order dismissing the personal liability claim against her without prejudice. Finding no reversible error in the district court’s judgments, the North Dakota Supreme Court affirmed. View "WSI v. Boechler, PC, et al." on Justia Law

Brenda and Gene Sauvageau petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of supervision directing the district court to stop the Cass County Joint Water Resource District from using quick take eminent domain to acquire their property. The Sauvageaus claimed the District was prohibited from using quick take eminent domain to acquire a permanent right of way easement over their entire property. The Supreme Court concluded the quick take process was not available because the District is taking more than a right of way in the Sauvageaus’ property. The Court granted the Sauvageaus’ petition, directed the district court to vacate its order denying the Sauvageaus’ motion to dismiss the District’s complaint and remanded for further proceedings. View "Sauvageau, et al. v. Bailey, et al." on Justia Law

Hudye Group LP (“Hudye”) appealed a district court judgment affirming the Ward County Board of Commissioners’ decision to deny Hudye’s applications for abatement or refund of taxes as untimely. Hudye filed applications for abatement or refund of taxes relating to 85 acres of property that had been divided into 92 parcels which were located in Ward County, North Dakota. Hudye argued the failure to consider abatement requests received by the City Assessor’s Office on the first business day following the November first deadline resulted in an unjust outcome. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Hudye Group v. Ward Cty. Bd. of Commissioners" on Justia Law