Justia North Dakota Supreme Court Opinion Summaries

LeRoy Wheeler appeals a district court judgment granting Governor Doug Burgum's motion to dismiss and denying Wheeler's motion to appoint counsel. Wheeler was an inmate at the North Dakota State Penitentiary ("NDSP"), who filed a complaint alleging civil rights violations under 42 U.S.C. 1983 by Governor Burgum in both his official capacity and his personal capacity. The complaint alleged Governor Burgum failed to supervise and govern officials and staff at the NDSP. Wheeler claims that NDSP officials and staff interfered with his mail, discriminated against him on the basis of race, denied him access to the courts, prevented him from challenging the conditions of his confinement, and retaliated against him for exercising his rights. Wheeler sent Governor Burgum two letters commenting on the conduct of these individuals. Governor Burgum did not respond to the letters. Wheeler sought injunctive relief against Governor Burgum in his official capacity for failing to supervise the actions of officials and staff at the NDSP. Wheeler also sought punitive damages for Governor Burgum's failure to respond to his letters or otherwise investigate the issues described in his letters. Additionally, Wheeler moved for appointed counsel. Governor Burgum moved to dismiss the complaint under N.D.R.Civ.P. 12(b)(6) and opposed Wheeler's motion to appoint counsel. The district court granted Governor Burgum's motion to dismiss and denied Wheeler's motion for appointment of counsel. The North Dakota Supreme Court agreed Wheeler failed to state a claim for which relief can be granted, so the district court did not err by granting Governor Burgum's motion to dismiss. Further, the district court did not err by denying Wheeler's motion to appoint counsel. View "Wheeler v. Burgum" on Justia Law

In February 2015, officers seized $3,260 in United States currency from Ronald Newhauser. Newhauser was a passenger in a vehicle where police discovered methamphetamine and other paraphernalia. Newhauser was charged in connection with this stop in district court, but those charges were later dismissed because of federal charges relating to the incident against Newhauser. The State served Newhauser in this forfeiture action in September 2017. Newhauser moved for summary judgment, which he supported with an affidavit. In his affidavit, Newhauser admitted the $3,260 was in his wallet and officers seized it as part of the traffic stop. Newhauser also said he obtained the $3,260 from his social security disability income and savings from working occasionally for a contractor. The State responded to Newhauser's motion, but it did not support its response with any affidavits or other evidence. In its response, the State argued Newhauser raised factual questions through his affidavit requiring an evidentiary hearing. The State never scheduled a hearing on the motion for summary judgment. The district court granted Newhauser's motion for summary judgment, noting the State and Newhauser's arguments regarding the promptness of the action and lack of significant nexus between the property seized and offense committed. But the district court concluded the State failed to rebut any facts set forth by Newhauser in his affidavit. Because the State failed to present any evidence that created a genuine dispute of material fact, the district court granted Newhauser's motion for summary judgment without holding a hearing. The district court entered a judgment requiring the State to return the $3,260 to Newhauser. The State appealed. Finding no reversible error in the grant of summary judgment to Newhauser, the North Dakota Supreme Court affirmed. View "North Dakota v. $3260.00 United States Currency" on Justia Law

Rodney Hogen appealed an order granting Steven Hogen's petition for approval of a final report and accounting for the Curtiss A. Hogen Trust B. In his appeal, Rodney Hogen raised multiple issues. For purposes of this decision, the North Dakota Supreme Court consolidated the issues into four related subjects involving his claims the district court erred: (1) in determining the Trust did not immediately terminate upon Arline Hogen's death; (2) in authorizing the sale of Trust property and ordering an offset of more than $300,000 from his share of the property; and (3) in awarding trustee's fees and attorney's fees. Hogen also argued (4) the trial court was not impartial. Considering these categories, the Supreme Court found no reversible error and affirmed the district court. View "Matter of Hogen Trust B" on Justia Law

The North Dakota Department of Transportation (the "DOT") took G. John Schmitz's property through an eminent domain quick-take action. The DOT deposited $973,380.00 with the Williams County Clerk of Court for the taking. Schmitz disputed the amount and timely served a notice of appeal. In September and October of 2014, the parties attempted unsuccessfully to reach a settlement. Jury trial was set for September 30, 2015. Schmitz had trouble locating expert witnesses and asked for a continuance. The parties stipulated to the continuance, and the court reset trial for January 24, 2017. Schmitz located three expert witnesses before trial: Scott Bechtle, an architect, provided Schmitz with hypothetical development concepts for the property; Robert Strachota, a Minneapolis-based appraiser, offered opinions of land value and severance damages; and Dan Leirness, a Fargo-based appraiser, offered an opinion of land values. After trial Schmitz requested $263,866.97 in attorney fees, $154,172.12 in expert fees and $17,224.31 in litigation costs for a total of $567,317.36. The DOT contested the fees and costs. The district court awarded $137,347.50 in attorney fees, $35,930.96 in expert fees and $8,027.38 in litigation costs for a total of $181,305.84. Schmitz appealed. The North Dakota Supreme Court affirmed in part, reversed in part, and remanded, finding the district court did not abuse its discretion in reducing Schmitz's attorney or expert fees, but abused its discretion in reducing and eliminating certain litigation costs. The judgment was reversed regarding those litigation costs, and the matter remanded for further proceedings. View "N.D. Dep't of Transportation v. Schmitz" on Justia Law

Courtney Krueger appealed a judgment affirming a decision of the Department of Transportation suspending his driving privileges for two years. Because the Traill County sheriff's deputy had jurisdiction to make the arrest in Grand Forks County and Krueger's statutory rights and constitutional rights were not violated by the deputy's administration of three breath tests, the North Dakota Supreme Court affirmed. View "Krueger v. N.D. Dep't of Transportation" on Justia Law

Steven Kelly and Spirit Energy LLC (collectively "Spirit") appealed a district court order holding them in contempt for failing to return leased vehicles to Kettle Butte Trucking ("KBT"). KBT sued Spirit, alleging Spirit failed to pay numerous lease payments for trucks they leased from KBT. Spirit challenged the district court's underlying order that was alleged to have been violated. Spirit also argued the court did not have jurisdiction to hold it in contempt. When a contempt order is appealed, challenges to the underlying order will not be considered unless the underlying order is also appealed. When a court has issued an allegedly erroneous order, the party to whom the order was issued must obey it as long as it remains in force or until it is reversed on appeal, and the failure to obey the order is punishable as a contempt of court. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's order holding Spirit in contempt. View "Kettle Butte Trucking, LLC v. Kelly" on Justia Law

Kevin Hoff appealed a divorce judgment that, among other things, determined a parenting plan for the parties' children. After review of the district court record, the North Dakota Supreme Court affirmed the judgment, concluding the district court's parenting plan decision was supported by sufficient findings and was not clearly erroneous. "A district court need not make separate findings for each best interests factor but, as with custody, the court's findings must contain sufficient specificity to show the factual basis for the decision." View "Hoff v. Hoff" on Justia Law

Stephanie Lee appealed a judgment evicting her, and any other person or persons claiming under her, from her Williston premises and awarding IRET Properties ("IRET") $880.00 for attorney's fees and costs. Lee argued IRET failed to perform all the prerequisites under N.D.C.C. ch. 47­32 in order to bring an eviction action against her, and therefore, she was unlawfully evicted. Lee further argued the district court failed to make sufficient findings on the issue of default and the district court improperly awarded IRET attorney's fees and costs. After review, the North Dakota Supreme Court concluded IRET properly brought an eviction action against Lee for failure to pay rent and the district court's findings were sufficient to sustain its conclusions. View "IRET Properties v. Lee" on Justia Law

Glenn Solberg appealed an amended judgment dismissing his claims against the estate of his stepfather, Lyle Nelson ("Lyle Nelson Estate"). Solberg challenged the district court's dismissal of his claim seeking ownership of 100 mineral acres and seeking to enforce an option to purchase real property. The court determined that the mineral interests and real property alleged to be subject to the option were never within the Lyle Nelson Estate and that Solberg's claim was also untimely. The North Dakota Supreme Court affirmed the amended judgment and granted the Lyle Nelson Estate's request for an award of costs and attorney fees for a frivolous appeal under N.D.R.App.P. 38. View "Estate of Nelson" on Justia Law

In 2007, Tilmer Everett was convicted by jury of gross sexual imposition. In August 2015, the district court barred Everett from future filings without the court's permission. Everett appealed a district court order denying his petition for post-conviction relief based on alleged newly discovered evidence. Everett argued the district court erred in denying his petition and denying his request for an evidentiary hearing. Because Everett was subject to an order prohibiting him from filing new or additional post-conviction relief claims, the North Dakota Supreme Court treated the district court's current order as denying Everett leave to file additional motions. The Court held orders denying leave to file were not appealable. Therefore, the Court dismissed Everett's appeal. View "Everett v. North Dakota" on Justia Law