Justia North Dakota Supreme Court Opinion Summaries

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

The North Dakota Department of Transportation appealed a district court judgment reversing an administrative decision to suspend Bruce Beck’s driving privileges. The district court found the Department had failed to establish Beck’s blood alcohol concentration was tested within two hours of his prior driving or actual physical control of his vehicle. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Beck v. NDDOT" on Justia Law

Williams County and Williams County Commission (collectively, “County”) appealed a judgment in favor of Twin City Technical LLC, Three Horns Energy, LLC, Prairie of the South LLC, and Irish Oil & Gas, Inc. (collectively, “Companies”) on their claim of unjust enrichment and adverse orders granting a bench trial, compelling discovery, and awarding expenses and attorney’s fees. The North Dakota Supreme Court concluded the County was barred from relitigating unjust enrichment and raising the defenses of waiver and unclean hands; and the district court did not err in finding laches did not bar the Companies’ unjust enrichment claim, awarding prejudgment interest beginning from September 2015, ordering a bench trial, granting the Companies’ motion to compel, and awarding expenses and attorney’s fees. Accordingly, judgment was affirmed, but the Supreme Court modified the order awarding expenses and attorney’s fees, subtracting the legal research expense. View "Twin City Technical, et al. v. Williams Cty, et al." on Justia Law

North Dakota Insurance Reserve Fund (“NDIRF”) appealed a judgment and orders granting Lance Hagen’s amended petition for a writ of mandamus requiring NDIRF to disclose documents under the open records law. NDIRF argued: (1) the amended petition was untimely; (2) NDIRF was not a public entity subject to open records requests; and (3) the documents sought were protected from disclosure under North Dakota court rules. Hagen cross appealed, arguing the district court erred by not requiring NDIRF to disclose all of the documents he sought and by denying him costs and attorney’s fees. After review, the North Dakota Supreme Court affirmed in part, concluding the amended petition was timely, NDIRF was a public entity for purposes of the open records law, and the records sought were not exempt from disclosure. The Court reversed the part of the judgment and orders excluding records from disclosure, and remanded to the district court to review in camera those previously excluded records and those records identified in Appellant’s Brief to determine whether they were exempt from disclosure under the potential liability exception in N.D.C.C. 44-04-19.1(8). The Court affirmed the denial of costs and attorney’s fees. View "Hagen v. North Dakota Insurance Reserve Fund" on Justia Law

Kendra Christiansen appealed a district court judgment affirming the Department of Transportation’s decision to suspend her license for 91 days. Christiansen was arrested for driving under the influence of alcohol. The arresting officer issued her the report and notice form. The Department received its copy of the report postmarked April 5, 2021, nine days after Christiansen’s arrest. At the administrative hearing, Christiansen argued the case should have been dismissed because the report was not forwarded to the Department within five days of Christiansen’s arrest as required by N.D.C.C. 39-20-03.1(4). The hearing officer determined the five-day requirement was not a basic and mandatory requirement and Christiansen failed to show resulting prejudice. Finding no reversible error in the district court's judgment, the North Dakota Supreme Court affirmed. View "Christiansen v. NDDOT" on Justia Law

Divide County, North Dakota appealed judgments dismissing its complaints against Stateline Services, Inc., Power Energy Logistics, LLC, and five individuals (collectively, “Defendants”), which alleged they operated overweight vehicles on restricted roads. In 2019, Divide County imposed certain weight restrictions on county and township roads due to wet conditions. Truck drivers for Stateline Services and Power Energy Logistics were pulled over on township roads and cited for operating overweight vehicles. The County filed this civil action against the Defendants for statutory damages under N.D.C.C. 39-12- 17. After a bench trial, the district court dismissed the complaints, concluding the County failed to provide sufficient public notice of the weight restrictions through a uniform county permit system, and failed to erect and maintain signs at each end of the highway. Finding no reversible error, the North Dakota Supreme Court affirmed the district court. View "Divide County v. Stateline Service, et al." on Justia Law