Justia North Dakota Supreme Court Opinion Summaries

The North Dakota Department of Transportation (NDDOT) appealed a district court judgment reversing an administrative hearing officer's decision to revoke Ewer Alvarado's driving privileges for 180 days. NDDOT argued the district court erred in finding that a partial reading of the implied consent advisory rendered Alvarado's refusal to submit to a chemical test invalid. The North Dakota Supreme Court concluded North Dakota law required an operator to refuse a request "to submit to a test under section 39-20-01." A request for testing preceded by an incomplete or inaccurate advisory was not a request "to submit to a test under section 39-20-01." Therefore, the Supreme Court affirmed the district court and reinstated Alvarado's driving privileges. View "Alvarado v. N.D. Dept. of Transportation" on Justia Law

Jon Tonneson and Mary Issendorf, in her personal capacity and as personal representative of the estate of Vesper Shirley, (“defendants”) appealed a judgment quieting title to certain property in Teresa Larson, Janet Schelling, and Lynette Helgeson (“plaintiffs”). Plaintiffs and defendants were successors in interest to certain property at Lake Metigoshe in Bottineau County, North Dakota. The parties acquired their respective properties through their families beginning in the 1950s. In 2012, plaintiffs became aware of property boundary issues after a survey was conducted when plaintiffs were attempting to replace a mobile home on the property. At that time, plaintiffs also discovered a platted roadway ran through their property, though no such roadway existed on the property. Plaintiffs thereafter took steps to vacate the road. The North Dakota Supreme Court concluded the district court did not clearly err in finding Larson, Schelling, and Helgeson acquired the disputed property by adverse possession. Therefore, the Court affirmed the judgment, but remanded the case for entry of a corrected judgment. View "Larson, et al. v. Tonneson, et al." on Justia Law

The State of North Dakota appealed an order dismissing a criminal complaint charging Jerome Greenshields with two counts of sexual assault and one count of gross sexual imposition. In February 2018, the State charged Greenshields with one count of sexual assault under N.D.C.C. 12.1-20-07(1)(f) alleged to have occurred between June 1, 1997, and August 30, 1997, and one count of gross sexual imposition under N.D.C.C. 12.1-20-03(2)(a) and (c) alleged to have occurred between September 1, 2001, and September 31, 2001. In August 2018, Greenshields moved for a bill of particulars setting forth the specific date of the allegation of sexual assault because, effective August 1, 1997, the penalty for a violation of N.D.C.C. 12.1-20-07(1)(f) changed from a class A misdemeanor to a class C felony. Greenshields argued the bill of particulars was necessary to adequately inform him of “his right to be free from ex post facto prosecution.” In October 2018, the district court granted the motion and ordered the State to file a bill of particulars. After the State failed to timely produce the bill of particulars, Greenshields moved for an order dismissing the case “for systemic disregard of the law” because the State had violated the district court’s “explicit orders” and “[d]ismissal is required to prophylactically ensure the State’s future compliance.” Greenshields’ motion and brief in support of the motion did not state whether he sought dismissal with or without prejudice. The State opposed the motion, arguing the victim could not remember the specific dates of the alleged offense. In his reply brief in support of the motion, Greenshields once again urged the court to “dismiss” for willfully disobeying its order. No hearing was requested or held on the motion. Then the court granted Greenshields' motion to dismiss. The North Dakota Supreme Court found that because there was no evidence to support the district court’s ruling that an earlier order dismissing a similar criminal complaint and information was intended to be “with prejudice,” the Court reversed and remanded for further proceedings. View "North Dakota v. Greenshields" on Justia Law

In 2011, Plaintiffs Rhonda Pennington, Steven Nelson, Donald Nelson, and Charlene Bjornson executed oil and gas leases for property in McKenzie County, North Dakota. Each lease term was three years with a lessee option to extend for an additional year. The leases were assigned to Continental Resources in September 2014, and it exercised an extension option. The leases included a provision that the leases would not terminate if drilling operations were delayed by an inability to obtain permits. In May 2012, Continental applied for a drilling permit on a 2,560-acre spacing unit that included the lands covered by the leases. The 2,560 acres included lands inhabited by the Dakota Skipper butterfly, which was listed as threatened under the Endangered Species Act. Continental could not begin drilling operations until receiving federal approval. In August 2015, the U.S. Fish and Wildlife Service issued a biological opinion relating to the impact of Continental’s proposed drilling on the Dakota Skipper. On October 1, 2015, Continental proposed measures to minimize the impact of its operations on the Dakota Skipper. On October 21, 2015, Continental recorded an affidavit of regulation and delay, stating it had not yet obtained federal regulatory approval to drill, and the primary term of the leases was extended under the “regulation and delay” paragraph of the leases. The following day, Continental applied to terminate the 2,560-acre spacing unit and create a 1,920-acre spacing unit to remove the Dakota Skipper habitat. In November 2015, the Industrial Commission approved the 1,920-acre spacing unit. In January 2016, the commission pooled all of the oil and gas interests in the 1,920-acre spacing unit for the development and operation of the spacing unit. Following the January 2016 order, Continental began drilling operations. In August 2017, the Plaintiffs sued Continental, alleging the leases expired on October 25, 2015, and Continental’s delay in obtaining regulatory approval to drill did not extend the leases. Plaintiffs appealed a district court ruling the “regulation and delay” provision in their oil and gas leases with Continental Resources extended the term of the leases. The North Dakota Supreme Court determined the district court concluded the delay in obtaining drilling permits for the 2,560-acre spacing unit was beyond Continental’s control and was not because of Continental’s fault or negligence. However, the court did not address whether Continental acted diligently and in good faith in pursuing a permit to drill the 2,560-acre spacing unit for more than three years. Viewing the evidence and inferences to be drawn from the evidence in a light favorable to the Plaintiffs, a genuine issue of material fact existed as to whether Continental acted diligently and in good faith. The Supreme Court therefore reversed the district court’s judgment and remanded for further proceedings on that issue. View "Pennington, et al. v. Continental Resources, Inc." on Justia Law

In 2018, the State charged Joe Johns with unlawful possession of drug paraphernalia as a class C felony second offense under N.D.C.C. 19-03.4-03(2), which enhanced the charge from a class A misdemeanor to a class C felony if the person previously has been convicted of an offense under N.D.C.C. title 19. The criminal information alleged that on August 29, 2018, Johns used or possessed with intent to use a glass smoking device for use with methamphetamine and that he “has a prior conviction in case no. 08-2016-CR-00295.” Johns conditionally pled guilty after the district court denied his motion to dismiss a charge for unlawful possession of drug paraphernalia as a class C felony second offense. Johns argued on appeal he did not have a prior conviction for enhancement purposes because a deferred imposition of sentence for a prior charge under N.D.C.C. title 19 resulted in a dismissal of that charge. The North Dakota Supreme Court concurred: the language of N.D.C.C. 19-03.4-03(2), authorized enhancement for unlawful possession of drug paraphernalia “[i]f a person previously has been convicted of an offense under this title, other than an offense related to marijuana.” That language, when read together with N.D.C.C. sections 12.1-32-02(4) and 12.1-32-07.1 and the Court’s decision in North Dakota v. Nelson, 2019 ND 204, referred to a conviction for a deferred sentence that had not been dismissed. Johns’ prior case had been dismissed. Therefore, the court could not consider Johns’ prior conviction to enhance the charge in this case. The Court reversed and remanded to allow Johns to withdraw his conditional guilty plea to the enhanced charge. View "North Dakota v. Johns" on Justia Law

Melanie Vagts appealed after the district court denied her motion to suppress evidence and she conditionally pled guilty to a charge of actual physical control of a motor vehicle while under the influence of alcohol. After review of her case, the North Dakota Supreme Court concluded law enforcement officers’ encounter with Vagts was not an illegal search and seizure, but an officer’s implied consent advisory did not substantively comply with the statutory requirements of N.D.C.C. 39-20-01(3)(a) and the results of her breath test were not admissible under N.D.C.C. 39-20-01(3)(b). Judgment was reversed and the matter remanded to allow Vagts to withdraw her conditional guilty plea. View "City of Bismarck v. Vagts" on Justia Law

The North Dakota Private Investigative and Security Board appealed, and TigerSwan, LLC and James Reese cross-appealed, a judgment dismissing the Board’s request for an injunction prohibiting TigerSwan and Reese from providing private investigative and security services without a license. Reese was the majority interest owner in TigerSwan, a limited liability company organized under North Carolina law. TigerSwan was registered in North Dakota as a foreign LLC. During protests over construction of the Dakota Access Pipeline, TigerSwan was hired to provide security services, though the company denied providing such services when it received a notice from the Board. Concurrent to denying providing security services to the pipeline, TigerSwan submitted an application packet to become a licensed private security provider in North Dakota. The North Dakota Supreme Court concluded the district court did not abuse its discretion in denying the injunction or in the denial of a motion for sanctions and attorney fees. View "North Dakota Private Investigative & Security Board v. TigerSwan, LLC, et al." on Justia Law

Plains Trucking’s petitions sought supervisory writs from the North Dakota Supreme Court in two civil actions that arose out of an explosion on March 27, 2013. One worker, Trevor Davis, was killed, and another worker, Darian Songer Bail, was injured in the explosion that occurred while Davis and Songer Bail were cleaning a crude oil tanker trailer owned by MBI Energy Services. Plains Trucking asserted both Davis and Songer Bail were its employees and that the civil actions were barred by N.D.C.C. title 65. Respondent Songer Bail cross-petitioned for a supervisory writ to direct the district court in his case to vacate its order determining as a matter of law that he was Plains Trucking’s employee on the date of his injury. The cases were consolidated for oral argument to the Supreme Court. Exercising its original jurisdiction, the North Dakota Supreme Court granted Plains Trucking’s petitions and denied Songer Bail’s cross-petition. View "Plains Trucking, LLC v. Hagar, et al." on Justia Law

Omar Kalmio appealed after the district court entered a judgment on remand again denying his post-conviction relief application. The North Dakota Supreme Court concluded the district court on remand did not clearly err in finding Kalmio failed to show he was prejudiced in his direct appeal when his appellate counsel did not brief the issue of the admissibility of prior bad acts testimony. Furthermore, the Court concluded the district court did not err in denying him an additional evidentiary hearing on remand. View "Kalmio v. North Dakota" on Justia Law

Steven Nelson, individually and for the benefit of J&S Nelson Farms, LLP, appealed a judgment determining the value of his interest in the Nelson Farms partnership, and an order denying his post-judgment motions. Nelson argued the district court erred by ordering various sanctions and determining the value of the partnership. After review, the North Dakota Supreme Court concluded the district court did not err by striking some of Nelson’s claims as a discovery sanction, awarding defendants a portion of the attorney’s fees they incurred in this action, or determining the value of Nelson’s interest in the partnership. However, the Court also concluded the district court abused its discretion by ordering Nelson reimburse the partnership for the attorney’s fees and costs it incurred as a result of a separate action in federal court. View "Nelson, et al. v. Nelson, et al." on Justia Law