Justia North Dakota Supreme Court Opinion Summaries

Michael Brockmeyer appealed a district court order denying his motion to modify his joint residential responsibility to primary residential responsibility. He argued the district court erred: (1) as a matter of law by finding best interest factors a, b, d, f, g, and k favored neither party; (2) by applying the endangerment standard of N.D.C.C. § 14-09-06.6 after the parties waived that provision in their stipulated divorce agreement; (3) by declining to modify residential responsibility because of facts unknown to the court at the time the court entered the original divorce judgment based on their stipulated agreement; and (4) by allowing various witnesses to assert their Fifth Amendment privilege against self-incrimination at trial. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Brockmeyer v. Brockmeyer, et al." on Justia Law

Dondarro Watts was convicted by jury of indecent exposure. Watts argued on appeal: (1) the district court abused its discretion regarding an evidentiary ruling; (2) the jury did not have sufficient evidence to convict him; (3) the court erred by providing misleading jury instructions; and (4) the court abused its discretion by requiring him to register as a sexual offender. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Watts" on Justia Law

4201 2nd Ave. W., LLC, d.b.a. Safari Fuels 105 (“4201”) appealed a district court’s judgment finding First State Bank & Trust, formerly First National Bank & Trust Company (“the bank”), held a valid and enforceable security interest in a liquor license and other collateral. In 2015, the bank loaned approximately $4.34 million to Racers Store 102, LLC (“Racers”) under a promissory note for its operation of a convenience store. As security for the loan, Racers signed the bank a leasehold mortgage, security agreement, and fixture filing against real and personal property including a liquor license, coffee kiosk, walk-in freezer, and Kohler generator, among other collateral. In 2016, Racers defaulted on its loan, and the bank commenced a foreclosure action. During foreclosure proceedings, the bank took control of the convenience store and contracted with 4201 to operate the store while the foreclosure action was pending. Racers transferred its rights, titles, and interests in the ground lease and assets of the store to 4201; 4201 entered into a forbearance agreement with the bank. The parties subsequently discovered the liquor license could not be transferred until delinquent property taxes were paid. The bank and 4201 executed an addendum to the forbearance agreement agreeing to pay equal shares of the property taxes whereby the liquor license would become an asset of 4201 subject to the existing lien held by the bank. The parties also entered into a personal property pledge in which 4201 pledged to give the bank a continuing first-priority interest in the liquor license, 4201 agreed not to sell, assign, or transfer the license, and 4201 agreed to reimburse the bank for costs associated with defending its interest in the license. In 2021, the bank decided to cease operations of the store and offered to sell the liquor license to 4201. 4201 commenced legal action seeking a declaratory judgment that the bank no longer held a valid and enforceable lien on the liquor license, coffee kiosk, walk-in freezer, and Kohler generator. Following a bench trial, the district court determined the bank held a valid and enforceable security interest in the liquor license and other collateral. The court dismissed the bank’s counterclaim. Finding no reversible error in the district court's judgment, the North Dakota Supreme Court affirmed. View "4201 2nd Ave W v. First State Bank & Trust, et al." on Justia Law

Miguel Andrews appealed a divorce judgment dividing the marital estate between Candice Crichlow and him. After review, the North Dakota Supreme Court conclude the district court clearly erred by including in the marital estate the value of Andrews’s financial accounts opened after the agreed upon valuation date. The judgment was affirmed in all other respects, and the case remanded for further proceedings. View "Crichlow v. Andrews" on Justia Law

Chad Isaak died after appealing a criminal judgment entered against him. His counsel argued the case should have either been dismissed because the judgment was not yet final, or the appeal should have been decided on the merits. The State argued the appeal was moot and the judgment should stand. No one sought substitution on Isaak’s behalf. The victims’ families did not assert a constitutional right to have the appeal proceed to disposition on the merits. The district court did not order restitution or fees. Absent any of these occurrences, and with no other apparent collateral consequences from a decision by the North Dakota Supreme Court, the Supreme Court concluded the appeal was moot and dismissed it. The judgment stood as issued by the district court. View "North Dakota v. Isaak" on Justia Law

Plaintiffs William Kainz and GeoChemicals, LLC appealed a district court’s order granting Jacam Chemical Co. 2013, LLC’s motion to abate and an order and judgment awarding attorney’s fees to Jacam. Plaintiffs argued the district court erred by abating the action and by awarding attorney’s fees. The North Dakota Supreme Court concluded the district court misapplied the law in granting the motion to abate and abused its discretion by awarding attorney’s fees. Accordingly, judgment was reversed and the case remanded for further proceedings. View "Kainz, et al. v. Jacam Chemical Co. 2013" on Justia Law

Lane Knudsen, Ann Gochnour, and Marcia Talley and David Talley, Trustees of the Marcia K. Talley Living Trust (Landowners), appeal from a district court judgment foreclosing Henry Hill Oil Services LLC’s construction liens against the Landowners’ properties and awarding Henry Hill Oil its costs and attorney’s fees. Landowners owned real property in Williams County, North Dakota. In 2017 and 2018, the Landowners executed water pipeline easements with RWS Holdings, LLC. The agreements granted RWS Holdings 75-foot-wide temporary easements for constructing a water pipeline and related facilities across and under the Landowners’ properties. The agreements granted RWS Holdings 30-foot-wide permanent pipeline easements on the properties. The temporary easements expired upon completion of the water pipelines. The Talley-Gochnour Defendants also granted RWS Holdings an easement for constructing a freshwater reservoir on their property. The easement term was 20 years or “until Grantee permanently removes” the reservoir from the property. RWS Holdings hired Regional Water Service, LLC, which then hired Henry Hill Oil, to construct water reservoirs on the properties. Henry Hill Oil worked on the Landowners’ properties from June 2018 to October 2018. Henry Hill Oil recorded construction liens against the Landowners’ properties after it was not paid for its work. In May 2019, Henry Hill Oil sued Regional Water Service for breach of contract. In October 2019, Henry Hill Oil sued the Landowners to enforce the construction liens. The North Dakota Supreme Court concluded the trial court erred in determining the Landowners’ properties were subject to Henry Hill Oil’s construction liens. The Court reversed the judgment and remanded for a determination of the Landowners’ costs and attorney’s fees. View "Henry Hill Oil Services v. Tufto, et al." on Justia Law

Brian Sternberg appealed a district court order civilly committing him as a sexually dangerous individual. In 1992, Sternberg was convicted of corruption of a minor. He was incarcerated in late 1993 and remained on probation until January 1994. In 2000, the State charged Sternberg with committing three or more sexual acts with a child who was then his stepdaughter and under the age of fifteen. Sternberg was charged with one class A felony and five class C felonies. He also has convictions involving deceitful behavior, including financial fraud and bad checks. The court sentenced him to incarceration from October 2000 to February 2021. Peter Byrne, Ph.D., a licensed psychologist who conducted Sternberg’s evaluation, testified that there was no record of Sternberg’s having undergone treatment to deal with his “sexual interest or arousal to children” and reported that at the end of treatment it was recommended Sternberg continue sexual offender specific treatment. Sternberg has both pedophilic and antisocial personality disorders, which predisposed him to intense sexual fantasies and urges and to disregard “the rights and wishes of others.” The district court held a commitment hearing and granted the State’s petition for civil commitment. The court reported that its biggest concern with releasing Sternberg is that he has been living in a supervised environment while incarcerated and “[i]mmediate release into the community without support or supervision would ‘very likely result in a serious difficulty controlling his behaviors.’” On appeal, Sternberg argues the district court erred in finding the State had met its burden in proving that he is likely to engage in further acts of sexually predatory conduct and that he has serious difficulty in controlling behavior. The North Dakota Supreme Court determined the trial court record did not support a finding by clear and convincing evidence that Sternberg presently had a serious difficulty controlling behavior. Judgment was reversed and the matter remanded for further proceedings. View "Interest of Sternberg" on Justia Law

Karena and Keith Jensen (“Jensens”), as foster parents to A.P., appealed a juvenile court’s order denying their motion to modify and order approving a transition plan. Because the Jensens were not “aggrieved parties” under N.D.C.C. § 27-20.2-26(1), the North Dakota Supreme Court dismissed the appeal. View "Interest of A.P." on Justia Law

Olympic Financial Group, Inc., (“Olympic Financial”) and Abdulaziz Sugule appealed a judgment dismissing their declaratory judgment action without prejudice after the district court granted the Department of Financial Institutions’ (“Department”) motion to dismiss. The North Dakota Supreme Court concluded the district court lacked subject matter jurisdiction because Appellants failed to exhaust administrative remedies. Because the Supreme Court further concluded the judgment dismissing the declaratory relief action without prejudice was not appealable, the Court dismissed the appeal. View "Olympic Financial Group, et al. v. ND Dept. of Financial Institutions" on Justia Law