Justia North Dakota Supreme Court Opinion Summaries

Jerome Lowe, Jr. appealed a domestic violence protection order restraining him from contact with Lori Legacie-Lowe for 12 months. The North Dakota Supreme Court retained jurisdiction and remanded with instructions for the district court to make sufficient findings to enable the Supreme Court to review the order. Upon reviewing the district court’s findings on remand, the Court affirmed the domestic violence protection order. View "Legacie-Lowe v. Lowe" on Justia Law

Jeffrey Edison appealed a divorce judgment and an amended judgment awarding primary residential responsibility for two children to Signe Edison, arguing error in the form of gender bias and in the court’s finding that Jeffrey Edison was underemployed for purposes of child support. Signe argued Jeffrey waived his gender bias argument and, in the alternative, that the trial court’s judgment was not based on gender bias. Jeffrey also requested the North Dakota Supreme Court award the parties equal residential responsibility and impose a “50/50 parenting plan” or reassign the case on remand to a different trial judge. After review, the Supreme Court reversed and remanded with instructions to reconsider: (1) the decision to award Signe with primary residential responsibility; and (2) the best interests of the children under N.D.C.C. § 14-09-06.2(1) and to recalculate any child support obligations. View "Edison v. Edison" on Justia Law

Defendants GADECO, LLC, and Continental Resources, Inc. appealed a judgment quieting title in oil and gas leasehold interests in Zavanna, LLC. Zavanna and the Defendants made competing claims to oil and gas leasehold interests covering 1,280 gross acres in Williams County, North Dakota. These interests were located in the Golden Unit; the Golden Well was the only well producing oil and gas from the subject leasehold within the Golden Unit. GADECO operated the Golden Well. Zavanna was the lessee by assignment of the “Top Leases” and GADECO and Continental were the lessees of the “Bottom Leases.” The Top Leases and Bottom Leases covered the same lands and leasehold interests. The Bottom Leases automatically terminated upon cessation of production unless certain express conditions were met. The Bottom Leases stated that a cessation of production after the lease’s primary term would not terminate the lease if the lessee restores production or commences additional drilling or reworking operations within 90 days (or 120 days in the case of the Parke Energy Leases) from the date of cessation of production. After a bench trial, the district court quieted title in Zavanna, concluding the Bottom Leases terminated by their own terms when production ceased and GADECO failed to timely commence drilling or reworking operations. The court found three periods of production cessation. The court concluded Defendants bore the burden to prove that production did not cease or reworking operations were timely commenced. The North Dakota Supreme Court affirmed, concluding the district court did not err in concluding Defendants’ leases terminated under their terms when production ceased and Defendants failed to timely commence reworking operations, and in concluding Defendants failed to show a force majeure condition saved the leases from termination. View "Zavanna v. Gadeco, et al." on Justia Law

Michael Bullinger appealed a district court judgment dismissing his declaratory judgment action seeking a determination of whether Sundog Interactive, Inc. (“Sundog”) violated N.D.C.C. § 10-19.1-88 and whether the individual defendants, Brent Teiken, Eric Dukart, Jonathan Rademacher, and Matthew Gustafson breached their fiduciary duties. Bullinger argued the court erred in failing to make adequate findings, erred in its application of N.D.C.C. § 10-19.1-88(10), erred in finding Bullinger has been paid the fair value of his ownership in Sundog, erred in finding Bullinger was not entitled to damages as a result of the individual defendants’ breach of their fiduciary duties, and erred in denying Bullinger costs and attorney’s fees. After review, the North Dakota Supreme Court concluded the trial court’s findings were inadequate to permit appellate review, therefore judgment was reversed and the case remanded for further proceedings. View "Bullinger v. Sundog Interactive, et al." on Justia Law

Fritz Opp appealed the dismissal of his case for want of jurisdiction. Opp attempted to appeal a Bureau of Criminal Investigation (“BCI”) decision denying his application for a concealed weapons license under N.D.C.C. ch. 62.1-04. The court held it lacked subject matter jurisdiction because Opp had not complied with the requirements for perfecting an appeal under the Administrative Agencies Practice Act, N.D.C.C. ch. 28-32 (“AAPA”). The North Dakota Supreme Court affirmed dismissal of the action for want of jurisdiction, but modified the judgment to dismiss without prejudice. View "Opp v. Office of the North Dakota Attorney General - BCI CWL Unit, et al." on Justia Law

Darrell Redpaint appealed an order summarily denying his application for postconviction relief. In 1981, Redpaint was convicted of two counts of murder. The judgment of conviction was affirmed on direct appeal. Redpaint applied for postconviction relief at least eight times prior to this application. In May 2022, he argued the court in his underlying criminal case lacked jurisdiction because he was a juvenile at the time of the crimes. The State answered, alleging his juvenile status did not preclude his convictions and the application was barred by the statute of limitations and res judicata. Redpaint opposed the motion, arguing an evidentiary hearing was necessary because there were genuine issues of material fact as to whether Redpaint received effective assistance of trial counsel and notice of the hearing transferring him from juvenile court in his underlying criminal case. The court granted the State’s motion for summary judgment and summarily denied Redpaint’s application, concluding the application was untimely and barred by res judicata and misuse of process, and there were no genuine issues of material fact. Redpaint argues the district court erred in allowing the State to move for summary judgment “after the time for raising affirmative defenses had expired.” Finding no reversible error in the summary denial of the application, the North Dakota Supreme Court affirmed. View "Redpaint v. North Dakota" on Justia Law

Nicholas Otten appealed a district court judgment entered after a bench trial on divorce proceedings. On appeal, he argued the court erred by denying his motion to continue trial. He also argued the court erroneously admitted, reviewed, and relied on Jessica Otten’s evidence, and thereby erred in its division of marital property, consideration of the best interest factors, and award of his parenting time. After review of the trial court record, the North Dakota Supreme Court found no reversible error and affirmed the judgment. View "Otten v. Otten, et. al." on Justia Law

Lance Hagen filed a public records request related to a condemnation case he was a party to involving the City of Lincoln and North Dakota Insurance Reserve Fund (“NDIRF”). Hagen sought to determine how the City of Lincoln and NDIRF spent approximately $1.1 million dollars on litigation costs defending the action. NDIRF did not produce all requested records, and the parties sought relief from the district court. Hagen appealed the district court’s judgment that concluded certain documents belonging to NDIRF were exempt from release under the potential liability exception outlined in N.D.C.C. § 44-04-19.1(8). Hagen argued the court abused its discretion by finding NDIRF itself faced potential liability because its members could face potential liability, and because the court discussed the fiscal effect of a disclosure on NDIRF, which Hagen argued exceeded the scope of the North Dakota Supreme Court’s remand order in Hagen v. North Dakota Insurance Reserve Fund, 971 N.W.2d 833. Because the Supreme Court concluded the potential liability exception under N.D.C.C. § 44-04-19.1(8) did not apply to any of the documents determined by the district court to be exempt, the Court reversed. View "Hagen v. N.D. Insurance Reserve Fund" on Justia Law

A.D. appealed on behalf of her son G.R.D., a court order placing him in the custody of the Division of Juvenile Services (DJS). In September 2022, G.R.D. was charged with committing simple assault on his mother. He was detained at the Grand Forks County Juvenile Detention Center and subsequently adjudicated as a delinquent child. He remained in his mother’s custody and was placed on supervised probation for 12 months and ordered to participate in drug court. In November 2022, G.R.D. was detained based on allegations he violated conditions of probation and committed new offenses. The juvenile court ordered that G.R.D. remain at the juvenile detention center and undergo diagnostic testing. On November 23, 2022, the juvenile court conducted an initial appearance on the probation revocation petition and ordered G.R.D to home detention in the custody of his mother. G.R.D. was alleged to have used methamphetamine within hours of being released into his mother’s custody. On November 28, 2022, the juvenile court conducted a detention hearing and ordered that G.R.D. be detained for again violating his probation. After a detention review hearing on December 27, 2022, the juvenile court found G.R.D. remained a delinquent child and ordered him into the custody of DJS for up to 12 months. The court also ordered DJS to place G.R.D. in a treatment center as soon as possible. A.D. argued the juvenile court erred by granting the DJS custody of G.R.D. instead of her, and the court’s findings were based on stale evidence. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's order. View "Interest of G.R.D." on Justia Law

Derrick Dogbe appealed district court’s order denying his motion to modify primary residential responsibility, an order denying his motion to vacate the modification order, and an order awarding attorney’s fees to Rebekah Dogbe (now known as Rebekah Grafsgaard). After review, the North Dakota Supreme Court affirmed that part of the order denying Dogbe’s motion to modify primary residential responsibility, but reversed those parts of the orders awarding attorney’s fees. View "Dogbe v. Dogbe, et al." on Justia Law