Justia North Dakota Supreme Court Opinion Summaries

Western Energy Corporation appealed a district court judgment finding its quiet title action to be barred by applicable statutes of limitation and laches and awarding the mineral interests at issue to the Stauffers. In 1959, L.M. and C.S. Eckmann agreed to convey property to William and Ethel Stauffer through a contract for deed. The contract for deed included a reservation of the oil, gas, and other mineral rights in the property and described a five-year payment plan. After the payment plan concluded in 1964, the Eckmanns were to convey the property to the Stauffers by warranty deed. The warranty deed did not contain a mineral reservation, but stated that it was given "in fulfillment of a contract for deed issued on the 25th of May, 1959." Numerous conveyances, oil and gas leases, and similar transactions were completed by both the Eckmanns and Stauffers, as well as their successors in interest, between the execution of the warranty deed in 1959 and the filing of this quiet title action in 2016. Western Energy Corporation ("Western") obtained its interests in the subject minerals through mineral deeds executed in 1989 and 1990. The original parties to the warranty deed are all now deceased. Western filed this action to quiet title in 2016. Western and the Stauffers submitted stipulated facts to the district court. Although brought as a quiet title action, the relief requested was actually reformation of the warranty deed. The district court found reformation barred by the statutes of limitation as well as by the doctrine of laches. Further, the district court concluded the discrepancy between the contract for deed and the warranty deed was not enough to establish mutual mistake. Because it found that Western had not met its burden of proof to establish mutual mistake at the time of conveyance, the district court entered judgment quieting title of the minerals to the Stauffers. Finding no reversible error in the district court's judgment, the North Dakota Supreme Court affirmed. View "Western Energy Corporation v. Stauffer" on Justia Law

Gaye Swanson appealed a judgment dividing marital property between her and her former husband, Roy Swanson. On appeal, Gaye Swanson contends the district court erred by inequitably dividing the marital estate, by not considering Roy Swanson's fault in the deterioration of the marriage and the parties' finances, and in finding that she, rather than her children, owned property included in the marital estate. The North Dakota Supreme Court concluded the district court's findings on division of property were not clearly erroneous and affirmed the judgment. View "Swanson v. Swanson" on Justia Law

Alexander Pittenger appealed after a jury found him guilty of corruption and solicitation of a minor and from an order denying a motion to dismiss the charge. At the beginning of the trial the prosecutor requested closure of the courtroom during the juvenile complaining witness' testimony because it was "common practice, and it's provided by statute that the courtroom be closed." Pittenger's attorney objected because "my client has a right to an open and public trial." The district court did not conduct a hearing, make findings, or analyze the appropriate factors, and considered only that the complaining witness was a minor. The North Dakota Supreme Court concluded this was a structural error that required reversal of the criminal judgment. View "North Dakota v. Pittenger" on Justia Law

Melinda Strom appealed an amended criminal judgment and order for restitution. Strom pled guilty to misapplication of entrusted property in excess of $50,000 in violation of N.D.C.C. 12.1-23-07(1). Strom was sentenced to five years, all suspended for three years of supervised probation. Strom argued the district court abused its discretion in awarding restitution because it did not consider her ability to pay as required by N.D.C.C. 12.1-32-08(1). The North Dakota declared the statute unconstitutional in part and affirmed the restitution order and judgment. The Court concluded the district court did not abuse its discretion in fixing the amount of restitution without regard to the defendant's ability to pay. "To clearly state the scope of this decision, it is necessary to articulate what we do not decide here. In this matter, we examine only an award of restitution and not a contempt hearing or probation revocation for non-payment, and thus we limit consideration of ability to pay only in the context of setting the total amount of restitution. We do not completely preclude consideration of ability to pay. There may be times when such consideration may be appropriate, i.e., when determining the time or manner of payment or whether a defendant's failure to pay is willful." View "North Dakota v. Strom" on Justia Law

Michael Foster appealed his conviction on one count of conspiracy to commit criminal mischief, one count of criminal mischief, and one count of criminal trespass. On appeal, Foster argued the district court erred in admitting or excluding certain evidence and that there was insufficient evidence to support the criminal mischief and conspiracy convictions. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's judgment. View "North Dakota v. Foster" on Justia Law

MyKennah Lott appealed after she was found guilty of preventing arrest following a bench trial. In January 2017, Lott and an acquaintance were found walking on property owned by the Dakota Access Pipeline. Law enforcement personnel approached the pair and Lott began to "step backwards at a fairly brisk pace" while law enforcement gathered more information. Lott was eventually informed she was under arrest for trespassing. Lott resisted arrest, broke free, and eventually had to be taken to the ground in order to be arrested. After a bench trial, Lott was found guilty of preventing arrest. During sentencing, the district court asked Lott's counsel for a sentencing recommendation. Counsel conferred with Lott and requested fines and fees be waived. Nothing in the record indicated Lott was personally addressed and afforded the opportunity to speak on her behalf during the sentencing phase. On appeal of her conviction and sentence, Lott challenged the sufficiency of the evidence and claimed she was improperly denied an opportunity to address the court during sentencing. The North Dakota Supreme Court affirmed the conviction, vacated the sentence, and remanded for resentencing. View "North Dakota v. Lott" on Justia Law

Branden Lyon appealed an amended judgment entered after his convictions for attempted murder, terrorizing, terrorizing-­domestic violence, and illegal possession of a firearm. After review, the North Dakota Supreme Court conclude Lyon's sentence was illegal because the district court did not act within statutorily prescribed sentencing limits. The amended judgment was reversed and the case remanded for resentencing. View "North Dakota v. Lyon" on Justia Law

S.E.L. appealed dismissal of his action seeking to adjudicate the paternity of the child, J.J.M. The child was born to biological mother J.A.P. Shortly after the child's birth, J.A.P. and J.M. executed an acknowledgment of paternity, claiming J.M. was the child's father. S.E.L. filed a complaint challenging paternity, alleging the paternity acknowledgment was executed based on fraud and deceit, and requesting the court order genetic testing and declare he was the child's father. S.E.L. filed an affidavit in support of his complaint, stating he was in a sexual relationship with J.A.P. in Montana during the period of conception, J.A.P. moved to North Dakota after the child was conceived and entered into a relationship with J.M., J.A.P. never informed S.E.L. she was pregnant, and he learned about the child in the fall of 2015. He stated he attempted to establish paternity by filing paperwork with the Child Support Enforcement Division in Montana, but he learned that J.M. signed an acknowledgment of paternity in 2014. S.E.L. admitted it had been more than two years since the acknowledgment of paternity was signed, but he claimed the acknowledgment was based on fraud and deceit and should be declared void. S.E.L. also alleged the child had been removed from J.A.P. and J.M.'s care and placed in a foster home in February 2016, J.A.P. was to be released from jail in Nevada in August 2016, and J.M. was currently incarcerated in North Dakota. After a hearing, the district court ordered S.E.L.'s action be dismissed. The court found J.A.P. and J.M. were in default. The court held S.E.L. commenced the proceeding more than two years after the effective date of the paternity acknowledgment, challenges to an acknowledgment of paternity had to be commenced within two years after the effective date of the acknowledgment under N.D.C.C. 14-20-44(2), and S.E.L. was not permitted to challenge the acknowledgment because his action was untimely. The court ruled all other issues pending before the court were moot and required no further adjudication because the matter was dismissed. Judgment was entered. Finding no reversible error, the North Dakota Supreme Court affirmed dismissal. View "S.E.L. v. J.A.P." on Justia Law

George Seccombe and other heirs of Olaf Nasset ("Nasset heirs") and the intervener plaintiffs, Slawson Exploration Company, Inc., and Alameda Energy, Inc., appealed a judgment deciding ownership of certain minerals in Mountrail County, North Dakota. Olaf Nasset died in November 1961, and Lakeside State Bank, as executor of his estate, petitioned the county court for authority to sell real property belonging to the estate. On August 6, 1962, the county court ordered the final discharge of the executor. A few days later, the executor petitioned to re-open the estate because reserved mineral interests were inadvertently left out of the final decree and it was necessary that the estate be reopened for the sole purpose of correcting the error by entering an amended final decree of distribution including the 1/2 mineral interest. The county court granted the petition. On August 10, 1962, an amended final decree of distribution was entered, stating each of the five named heirs received a 1/10 mineral interest. In 2012, the Nasset heirs sued the heirs of Gilbert Rohde and other parties claiming an interest in the minerals through the Rohde heirs. The Nasset heirs sought to quiet title and determine ownership of the minerals, revision of the executor's deed, and damages for a slander of title claim. They alleged the original heirs of Olaf Nasset intended to reserve a one-half mineral interest and they are entitled to receive legal title to one-half of the minerals as provided in the published notice of sale of the real property and the amended executor's deed. The Nasset heirs also sued Lakeside for breach of fiduciary duty, alleging Lakeside had fiduciary obligations to the estate, it was aware or should have been aware of the heirs' intention to retain a one-half mineral interest, and it breached its fiduciary duty by executing the executor's deed to Gilbert Rohde without properly reserving the mineral interests.The district court granted summary judgment in favor of the Rohde heirs and against the Nasset heirs, quieted title in favor of the Rohde heirs, and dismissed the Nasset heirs' claim for slander of title. The district court concluded the Rohde heirs own the minerals because the original executor's deed approved by the court was final, a legal action was required to undo the executor's deed, neither the heirs nor the executor commenced an action to correct or vacate the deed, and therefore the subsequent orders and the amended deed had no effect. The court also concluded the Nasset heirs' claims were barred by the statute of limitations. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's judgment. View "Seccombe v. Rohde" on Justia Law

Raymond Christensen appealed his conviction and sentence stemming from charges for leaving the scene of an accident involving injury and aggravated reckless driving. Because the district court substantially relied upon an impermissible factor in sentencing Christensen to jail, the North Dakota Supreme Court vacated the sentence and remanded for resentencing. View "North Dakota v. Christensen" on Justia Law