Justia North Dakota Supreme Court Opinion Summaries

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

William Hoehn appealed after he was convicted of conspiracy to commit kidnapping and giving false information to law enforcement. Hoehn was in a relationship with Brooke Crews. Crews killed Savanna LaFontaine-Greywind by cutting open her abdomen and removing her pre-term baby. Hoehn arrived at the home he shared with Crews after Crews had killed Greywind and taken the baby. He then helped to clean up evidence of the crime, including hiding Greywind’s body in a closet, wrapped in garbage bags. Hoehn also helped Crews hide the baby from Greywind’s family and law enforcement. Hoehn carried the baby around in a book bag when in public. The district court found Hoehn had previously been convicted of a similar offense and sentenced him as a dangerous special offender to life in prison. On appeal, Hoehn argued the district court erred in its dangerous special offender finding, in applying a life expectancy table not authorized by statute, in failing to advise him of the maximum sentence prior to accepting his guilty plea, and in listing kidnapping rather than conspiracy to commit kidnapping on the amended judgment. Though the North Dakota Supreme Court affirmed the conviction, it vacated the sentence, and remanded for resentencing without application of the dangerous special offender statute. View "North Dakota v. Hoehn" on Justia Law

In 2014, Leonard Taylor, then 55 years old, sustained severe work-related injuries when he fell 15 feet while employed as an electrician by Industrial Contractors, Inc. Taylor suffered multiple compression fractures of the thoracic vertebrae, with a fragment impinging the spinal cord resulting in partial paraplegia. Taylor underwent surgery and was diagnosed with a spinal cord injury, incomplete paraplegia at T5-6, neurogenic bowel and bladder, a closed head injury, and neuropathic pain. While at the hospital, Taylor exhibited numerous signs of cognitive dysfunction. Taylor was eventually transferred to a hospital rehabilitation unit where he received physical, occupational, and cognitive therapy. WSI accepted liability for Taylor’s claim and paid him benefits. WSI appealed a judgment affirming an Administrative Law Judge’s (“ALJ”) order finding Taylor had a retained earnings capacity of zero and he had good cause for noncompliance with vocational rehabilitation for failing to perform a good faith work search. Because the ALJ misapplied the law in determining Taylor had zero retained earnings capacity, the North Dakota Supreme Court reversed the judgment and remanded to the ALJ for further proceedings. View "WSI v. Taylor, et al." on Justia Law

John Casson appealed a criminal judgment entered after his conditional plea of guilty to possession of a controlled substance and drug paraphernalia, reserving the right to appeal the denial of his motion to suppress evidence. On appeal, Casson arged the district court erred in denying his motion to suppress because law enforcement lacked reasonable suspicion to detain him and unlawfully seized him by stating a K-9 unit would be called to complete a “sniff” of Casson’s vehicle. After review, the North Dakota Supreme Court concluded that although Casson was seized, sufficient reasonable suspicion existed to detain Casson. The district court judgment was affirmed. View "North Dakota v. Casson" on Justia Law