Justia North Dakota Supreme Court Opinion Summaries

A party with a royalty interest in a property, who has not signed a division order with an oil company, may recover underpayments from the oil company. Newfield Production Company ("Newfield") operates four oil and gas wells on the property at issue here. The Trustees of the George S. Maragos Residuary Trust ("the Trust") asserted they owned a 1/8 of 1% royalty interest in the property. While operating the wells, Newfield relied upon a division order-title opinion ("division order") to allocate the royalty interest for the property. The Trust argued it acquired its interest in the royalties through the following process: H. H. Hester possessed a royalty interest in the property and conveyed to George S. Maragos a 1/8% royalty interest in December 1937. George S. Maragos retained his interest until his death when the administrators of his estate assigned the royalty interest to the Trust in January 1985. The Trust sued Newfield for an accounting and all unpaid revenue from the 1/8% royalty interest in the property. The Trust moved for summary judgment. Newfield filed a cross-motion for summary judgment, arguing it was not a proper party defendant because it did not have a competing interest in the 1/8% royalty interest. The district court granted Newfield's cross-motion for summary judgment, holding the Trust claim was really a quiet title claim, Newfield was not a proper party defendant, the proper parties are the other competing royalty interest owners, and the Trust was not entitled to attorney's fees and interest under N.D.C.C. 47-16-39.1. The Trust appealed the district court's summary judgment in favor of Newfield, determining Newfield was not a proper party defendant. Because Newfield failed to establish they were entitled to judgment as a matter of law, the North Dakota Supreme Court reversed and remanded. View "Maragos v. Newfield Production Company" on Justia Law

Summary dismissal is normally inappropriate for post-conviction relief claims arguing ineffective assistance of counsel because such claims typically require development of a record in an evidentiary hearing. Lorry Chase appealed an order denying his application for post-conviction relief. In 2013, Chase was charged with one count of gross sexual imposition (a class AA felony), for an assault occurring in 2007. In 2014, a jury convicted Chase of the charge, and the North Dakota Supreme Court affirmed his conviction on appeal. After review of Chase's application for post-conviction relief, the Supreme Court concluded the district court erred in summarily dismissing his application, claiming ineffective assistance of trial counsel, because genuine issues of material fact existed precluding summary disposition. View "Chase v. North Dakota" on Justia Law

Under workers' compensation law, seasonal employment includes occupations that are not permanent or that do not customarily operate throughout the entire year and is determined by what is customary with respect to the employer at the time of injury. Industrial Contractors, Inc., appealed a judgment affirming a decision by an independent administrative law judge determining Leonard Taylor's employment with Industrial Contractors was not seasonal employment. Industrial Contractors argued the ALJ misapplied the law for determining seasonal employment. The North Dakota Supreme Court concluded the ALJ misapplied the law and the ALJ's decision was not supported by a preponderance of the evidence. View "Industrial Contractors Inc. v. Taylor" on Justia Law

In a proceeding relating to the modification of grandparent visitation, the termination of a parent's rights is a material change in circumstances. Amanda Kulbacki appealed a district court order denying her motion to terminate Shawn Coulter's grandparent visitation with Kulbacki's minor child and amend the child's birth certificate. The North Dakota Supreme Court reversed, concluding as a matter of law, the termination of Nicholas Michael's parental rights was a material change in circumstances and Coulter (Michael's mother) was not able to establish a basis to have visitation under the facts of this case. The Court remanded for briefing on the district court's jurisdiction to order the department of vital statistics to amend the child's birth certificate upon termination of parental rights. View "Kulbacki v. Michael" on Justia Law

A district court must analyze all four Stout-Hawkinson factors in determining whether a custodial parent may move out-of-state with a child. Cody Booen appealed a district court's order granting Jessica Appel's motion to relocate. Appel cross-appealed the orders granting her motion to relocate and to show cause finding her in contempt. Booen argued the district court erred by granting the motion to relocate because it did not properly analyze and weigh the Stout-Hawkinson factors. Appel argued the district court erred in establishing a parenting plan, by finding her in contempt and requiring her to pay half of Booen's attorney fees. Finding no abuse of the district court's discretion in either decision, the North Dakota Supreme Court affirmed the district court's orders. View "Booen v. Appel" on Justia Law

An individual seeking to adopt a child must ordinarily obtain the written consent of the child's parents, though if written consent is not provided, it must be proven the parent either (1) for one year failed significantly without justifiable cause to communicate with the child or provide for the care and support of the child or (2) abandoned the child. A.F. appealed a district court order denying his petition to adopt J.L.F. The district court denied his petition after finding the child's biological father neither consented to the adoption nor abandoned his child. The North Dakota Supreme Court affirmed, concluding the district court's findings of fact were not clearly erroneous. View "Adoption of J.L.F." on Justia Law

Appeals from decisions of the Industrial Commission cannot be turned into inverse condemnation actions; the Industrial Commission was authorized to modify previously designated spacing units. Arthur Langved appealed an Industrial Commission grant of Continental Resources, Inc.'s application to terminate existing oil and gas well spacing units, to create new spacing units, and to modify well setback requirements for portions of the Elm Tree-Bakken and Sanish-Bakken pools. Langved owned leased and unleased mineral interests in property covered by spacing units created by the Commission in 2013 and 2014. In 2015, Continental filed an application to amend these Commission orders to terminate the existing spacing units and to create new spacing units. On appeal, Langved stated the issue was "[w]hether the [Commission] could constitutionally, statutorily, or discretionally reunitize a producing drilling and spacing unit and thereby diminish his vested property rights and take his surface estate to afford Continental and the state of North Dakota an opportunity to access submerged minerals under the sections added in the enlarged unit." The North Dakota Supreme Court determined the Commission regularly pursued its authority, and its findings and conclusions were sustained by the law and by substantial and credible evidence. Accordingly, the Court affirmed the judgment. View "Langved v. Continental Resources, Inc." on Justia Law

The State appealed a district court order granting John Hawkins' motion to suppress evidence. After review, the North Dakota Supreme Court concluded sufficient, competent evidence supported the district court order suppressing blood test results, and its decision wasnot contrary to the manifest weight of the evidence. The Court, therefore, affirmed the district court order suppressing the results of Hawkins' blood test. View "North Dakota v. Hawkins" on Justia Law

Arjuna Zerr appealed a judgment dismissing his action seeking declaratory relief against North Dakota Workforce Safety and Insurance ("WSI"). The North Dakota Supreme Court concluded the district court did not err in dismissing his complaint based on a lack of subject matter jurisdiction because Zerr did not exhaust his statutory administrative remedies. View "Zerr v. Workforce Safety & Insurance" on Justia Law

When a district court error has been waived or invited in a criminal case, the obvious error analysis under N.D.R.Crim.P. 52(b) does not apply. Eybon Watkins appealed after a jury found him guilty of robbery and the district court imposed upon him a four-year mandatory minimum sentence as an armed offender. Watkins argues that the district court erred in applying the mandatory minimum sentence for armed offenders in this case because the jury was not required to find that he possessed a firearm, and this error rises to the level of obvious error under N.D.R.Crim.P. 52(b). The North Dakota Supreme Court determined this case did not involve a forfeited error: the issue about the verdict form and the mandatory minimum sentence question was discussed by the parties before, during, and after the trial. Watkins agreed to leave the question off the verdict form as a matter of trial strategy. This error was waived, and the obvious error analysis under N.D.R.Crim.P. 52(b) did not apply. View "North Dakota v. Watkins" on Justia Law