Justia North Dakota Supreme Court Opinion Summaries

Andrea and Kevin Martin appealed a district court judgment ordering the removal of a fence on their property after finding the fence violated restrictive covenants recorded against the property. The Martins argued the restrictive covenants did not apply to their property because they agreed to purchase the property before the covenants went into effect. They also claimed the restrictive covenants were unconscionable. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Wachter Development, Inc. v. Martin, et al." on Justia Law

Jack Robinson appeals from a district court judgment affirming a Workforce Safety and Insurance (“WSI”) order finding Robinson personally liable for any unpaid workers’ compensation premiums, penalties, interest, and costs owed by Dalton Logistics, Inc. (“Dalton”). Robinson argues WSI failed to properly serve him with the administrative order resulting in a lack of personal jurisdiction and that his due process rights were violated. The North Dakota Supreme Court found the ALJ failed to make any findings of fact to support its conclusion that Robinson’s motion to dismiss be denied as a matter of law. It therefore reversed the judgment of the district court and remanded to the agency for further proceedings. View "Robinson v. WSI" on Justia Law

Workforce Safety and Insurance (“WSI”) appealed a judgment affirming an administrative law judge’s (“ALJ”) decision that John Sandberg sustained a compensable injury because his repetitive work activities substantially worsened the severity of his preexisting degenerative disc condition. The North Dakota Supreme Court concluded the ALJ’s findings were not sufficient to understand the basis for the decision. The decision was reversed and the matter remanded for further proceedings. View "WSI v. Sandberg, et al." on Justia Law

Bad Habit Trucking LLC owned a 1996 Peterbilt truck. Great West Casualty Company insured the truck. Dusty Weinreis, a member of Bad Habit Trucking LLC, took the truck to Butler Machinery Company for service work. The truck was destroyed by fire after the service work was completed but before Weinreis paid for the services. Great West paid Bad Habit Trucking $85,000 for the loss of the truck in accordance with the insurance policy. In November 2017 Butler sued Weinreis in small claims court for the unpaid service work. Weinreis counterclaimed in small claims court for the statutory maximum, $15,000, alleging loss of use of the truck, lost profits, cost to repair and replace the truck, and loss of personal property. Prior to the small claims hearing Butler moved to dismiss the case without prejudice. Weinreis resisted the motion, and a small claims hearing took place in 2018. The court awarded Butler $8,041.57 for the unpaid service work and awarded Weinreis $15,000 for lost profits. Offsetting the recoveries resulted in a net award to Weinreis of $6,958.43. In June 2018 Great West sued Butler in district court for $81,753.32 for the loss of the truck plus interest and costs. Butler moved to dismiss under N.D.R.Civ.P. 12(b)(6), arguing the case was fully decided in small claims court when Weinreis sued Butler for loss of the truck. The district court granted Butler’s motion to dismiss because the issue stemmed from the same transaction or occurrence, and found Great West should have filed a claim for damages in the small claims action. Great West moved to reconsider on the basis that Weinreis was the defendant in the small claims action, not Great West or Bad Habit Trucking. Great West argued privity did not exist between Weinreis in his personal capacity and Great West as the insurance company for Bad Habit Trucking. The district court denied the motion to reconsider. The North Dakota Supreme Court found the district court erred in dismissing Great West's claim, and reversed and remanded for further proceedings. View "Great West Casualty Company v. Butler Machinery Company" on Justia Law

Brianna McLaen appealed an order granting Tyson Hall’s petition for an elective share of the Estate of Kandi Ann Hall. McLaen argued the district court erred by determining Tyson Hall could claim an elective share of Kandi Hall’s intestate estate and by deciding a warranty deed for certain real property was void. The North Dakota Supreme Court concluded a surviving spouse may claim an elective share of an intestate estate under N.D.C.C. 30.1-05-01, but the court erred in determining ownership of the real property. The matter was reversed and remanded for further proceedings. View "Estate of Hall" on Justia Law

Ronald Smithberg appealed a judgment ordering Smithberg Brothers, Inc., to purchase his interest in the family farm corporation for $169,985 and dismissing on summary judgment his other claims against the corporation and its remaining shareholders, Gary and James Smithberg. After review, the North Dakota Supreme Court concluded Ronald Smithberg raised genuine issues of material fact regarding his claims against the corporation and Gary and James Smithberg, and the district court erred in granting summary judgment dismissing those claims. The court’s valuation of Ronald Smithberg’s interest in the corporation was reversed because his interest could not be valuated until his derivative claims on behalf of the corporation were resolved. View "Smithberg v. Smithberg, et al." on Justia Law

Ross Thomas appealed after a jury found him guilty of terrorizing, a class C felony. Trial started on March 28, 2018. The following day, the State and defendant rested, and the case was submitted to the jury. At the end of the day, the jury sent a note to the court stating they had reached a decision on three counts, were hung on one count, and no further progress would be made. The court admonished the jury and ordered them to return on the following Monday, April 2, after a holiday weekend, to continue deliberations on the remaining count. On April 2, 2018, the jury reconvened to continue its deliberations. Before the jury reconvened, however, Thomas’s counsel raised specific allegations to the district court that Thomas had overheard non-jurors discussing the content of jury deliberations and juror decisions in a public setting in town. The court did not conduct a hearing on Thomas’s allegations at that time but stated it would “let [Thomas] challenge any verdict made in a subsequent motion after there’s notice and opportunity for both parties to be prepared.” After further deliberation, the jury subsequently returned not-guilty verdicts on the aggravated assault and reckless endangerment charges and returned a guilty verdict on the terrorizing charge. The jury could not reach a unanimous verdict on the felonious restraint charge, and the court declared a mistrial on that charge. The district court sentenced Thomas on the terrorizing charge, and a criminal judgment was entered.The North Dakota Supreme Court concluded the district court erred in denying Thomas a hearing on alleged juror communications with non-jurors, which were discovered and brought to the court’s attention while the jury was deliberating and were alleged to be related to matters on which the jury had deliberated and the jury’s decisions. The matter was remanded for a new trial. View "North Dakota v. Thomas" on Justia Law

The State of North Dakota, ex rel. the North Dakota Board of University and School Lands, and the Office of the Commissioner of University and School Lands, a/k/a the North Dakota Department of Trust Lands (“the State”) appealed a district court’s interpretation of royalty provisions of natural gas leases with Newfield Exploration Company, Newfield Production Company, and Newfield RMI LLC (“Newfield”). The State argued the district court’s interpretation of the leases improperly allowed the reduction of the royalty payments to account for expenses incurred to make the natural gas marketable. The North Dakota Supreme Court concluded the gross proceeds from which the royalty payments under the leases were calculated could not be reduced by an amount that either directly or indirectly accounted for post-production costs incurred to make the gas marketable. Therefore, the Court reversed the district court’s judgment. View "Newfield Exploration Company, et al. v. North Dakota, et al." on Justia Law

Spencer Norton appealed a district court’s criminal judgment entered following a jury verdict finding him guilty of terrorizing. In November 2017, Norton was detained after being charged with arson. While detained, Norton communicated with his girlfriend through phone conversations and video visits. Norton was aware that both the video visits and the phone conversations were being recorded by law enforcement. During the phone conversations and the video visits, Norton made multiple threatening statements directed toward law enforcement and other individuals associated with his arson case. Norton also made threats that referenced the family members of law enforcement. Norton was charged with terrorizing as the result of his threats. Norton contended the offense of terrorizing required threats directed toward identified individuals and the evidence was insufficient to sustain a verdict of guilty. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Norton" on Justia Law

Nicholas Blaskowski appealed after a jury found him guilty of driving under the influence under N.D.C.C. 39-08- 01(1)(a). Blaskowski argued the district court erred in admitting the results of his chemical breath test into evidence because the State failed to establish the chemical breath test was fairly administered under N.D.C.C. 39-20- 07 because the State did not offer proof the device used to perform the chemical breath test was installed by a field inspector prior to its use. The North Dakota Supreme Court determined the approved method for conducting the chemical test at issue in this case required the device be installed by a field inspector. Absent evidence of installation of the device by a field inspector, or expert testimony establishing the test was fairly administered, the test result was not admissible. Therefore, the district court abused its discretion when it admitted the test result. View "North Dakota v. Blaskowski" on Justia Law