Justia North Dakota Supreme Court Opinion Summaries

Justin Shafer appealed a district court judgment confirming an arbitration award against Diamond Development & Custom Homes, L.L.C. Shafer argued the district court erred by failing to increase the amount of damages he was awarded. He also argued the North Dakota Supreme Court should narrowly expand the standard for reviewing an arbitration award. The Court declined Shafer’s request to expand the standard of review, and concluded the district court did not err in confirming the arbitration award. View "Shafer v. Scarborough, et al." on Justia Law

Thomas Burckhard appealed a judgment entered following consideration of Larson Latham Huettl LLP’s motion for summary judgment. Burckhard began employment with Larson Latham Huettl LLP (hereinafter LLH) in January 2019. In May 2019 Burckhard signed an employment contract, under which Burckhard agreed he would receive compensation based upon projected hours billed. Any overpayment resulting from a deficiency between the projected hours he would bill and the actual hours he billed would be considered a debt owed by Burckhard to LLH. Burckhard’s employment with LLH ended on August 15, 2020. At that time, Burckhard was paid for 697.88 projected billable hours more than his actual billable hours resulting in an overpayment of compensation in the amount of $29,885.38. LLH filed suit alleging breach of contract seeking to recover the excess compensation plus pre-judgment interest. The district court granted LLH’s motion finding there were no issues of material fact and LLH was entitled to judgment as a matter of law. Burckhard appealed, arguing summary judgment was improper because the contract’s purpose was frustrated, the contract is unconscionable, the contract fails for lack of consideration, LLH waived its right to obtain payment, there is a genuine dispute as to the amount of the damages, and the district court abused its discretion in denying Burckhard additional time for discovery. The North Dakota Supreme Court determined Burckhard failed to prove there was a genuine dispute as to any material fact. The district court properly granted summary judgment in favor of LLH and properly dismissed all of Burckhard’s affirmative defenses. View "Larson Latham Huettl, LLP v. Burckhard" on Justia Law

James Senger appealed a divorce judgment entered following a bench trial. He argued the district court erred by retroactively applying an amended and reenacted version of N.D.C.C. § 14-05-24(1) in valuing the marital estate and, thereby, erred by considering inadmissible evidence and incorrectly valuing the marital home and bank accounts. He further argued the court erred by distributing marital property and by awarding Denise Senger spousal support. The North Dakota Supreme Court reversed the court’s award to James for unaccounted for cash withdrawals as a marital asset and remanded with instructions to further explain its reasoning on any unjustified use or dissipation of marital assets by James. The district court's judgment was affirmed in all other respects, and the matter remanded for reconsideration of spousal support in light of any changes made in the division of property. View "Senger v. Senger" on Justia Law

Otter Tail Power Company provided electric service to the City of Drayton, North Dakota under a franchise agreement. In August 2019, Drayton annexed to the city property known as McFarland’s Addition. In November 2019, an entity purchased a portion of McFarland’s Addition with the intention of building a truck stop. In April 2020, Drayton passed a resolution requiring Otter Tail to provide electric service to McFarland’s Addition. Nodak Electric Coop provided service to rural customers outside of Drayton, and did not provide services to customers in McFarland’s Addition. Nodak did not have a franchise from Drayton to provide electric service in the city. Nodak filed suit against Otter Tail, requesting the Public Service Commission to prohibit Otter Tail from extending electric service to McFarland’s Addition. Nodak alleged Otter Tail’s service would interfere with Nodak’s existing service and be an unreasonable duplication of services. In response, Otter Tail claimed the PSC lacked jurisdiction over Drayton’s decision on which provider could extend service within the city. The North Dakota Supreme Court determined the PSC lacked jurisdiction to rule on Nodak’s complaint, and reversed and vacated the PSC’s order: Otter Tail’s motion to dismiss should have been granted. View "Nodak Electric Coop. v. N.D. Public Svc. Commission, et al." on Justia Law

Sheri Fercho appealed a divorce judgment enforcing the parties’ premarital agreement, dividing the marital estate, and denying spousal support and attorney’s fees. She also appealed an order denying her motion to compel discovery. William Fercho moved to dismiss the appeal on the basis of Sheri having accepted the benefits of judgment. After review, the North Dakota Supreme Court denied William’s motion, affirmed the judgment and order, and awarded Sheri attorney’s fees on appeal. View "Fercho v. Fercho, et al." on Justia Law

Scotty Fain, Sr., Scotty Fain, Jr., and Kris Durham appealed a district court judgment entered following findings that there was no contract between the parties, no transfer of ownership interest in Integrity Environmental, LLC, and no violation of fiduciary duties as alleged in the complaint against Integrity Environmental, LLC, Andrea Vigen, Lewis Vigen, and Kelly Harrelson. They also challenged the court’s findings that a substitute arrangement agreed upon by all parties led to an accord and satisfaction, novation, and waiver of contractual rights. Finding no reversible error in that judgment, the North Dakota Supreme Court affirmed. View "Fain, et al. v. Integrity Environmental, et al." on Justia Law

Kyle Kenneth Bell appealed a district court’s judgment grant of summary judgment in favor of the State. In 1999, Bell was convicted of murder, a class AA felony. Bell appealed his conviction to the North Dakota Supreme Court, which dismissed Bell’s appeal after concluding he had abandoned the appeal after escaping from custody. The United States Supreme Court denied Bell’s petition for a writ of certiorari of his conviction. In March 2001, Bell applied for post-conviction relief. His application was dismissed by the district court and affirmed by the North Dakota Supreme Court. In October 2021, Bell filed for a second post-conviction relief application arguing that certain testimony proffered at trial was unconstitutional, that this testimony resulted in perjury, that his trial counsel was ineffective, and that North Dakota v. Pickens, 916 N.W.2d 612 established a new rule of law requiring reversal of his case. Bell argued his post-conviction relief application should have been considered although it was submitted more than two years after Pickens was decided and beyond the statute of limitations. Bell argued the “restraint of being incarcerated in a federal facility with limited access to caselaw” constituted a “physical disability” under N.D.C.C. § 29-32.1-01(3)(a)(2). The State raised the affirmative defenses of misuse of process, res judicata, and statute of limitations, and moved for summary judgment. The Supreme Court determined the limitation on Bell’s access to state case law as the result of being held in a federal correctional facility did not constitute a physical disability extending the statute of limitations for the filing of his application for post-conviction relief. Accordingly, summary judgment was affirmed. View "Bell v. North Dakota" on Justia Law

LeRoy Wheeler appeals from orders dismissing without prejudice his 42 U.S.C. § 1983 civil rights action against prison officials and denying his request for reconsideration. In February 2021, Wheeler commenced this § 1983 action against North Dakota State Penitentiary officials (“State”) by serving a summons and complaint upon the State. Wheeler did not file the summons and complaint with the district court at that time, and has never served a notice of filing the complaint upon the State. In March 2021, Wheeler moved for a “continuance” to extend his time to reply to the State’s “answer,” which was served on Wheeler, but was never filed with the court. In February 2022, eleven months after Wheeler moved for a “continuance” in this case, the district court filed a “notice of intent to dismiss,” stating the court’s intent to dismiss the case without prejudice on its own motion unless a party requested, within three weeks, that the case remain open. None of the parties responded, and the court dismissed the action without prejudice. Wheeler requested reconsideration, alleging that he did not receive notice of intent to dismiss. The court denied the request to reconsider. Because these orders were not appealable, the North Dakota Supreme Court dismissed the appeal. View "Wheeler v. Sayler, et al." on Justia Law

Sheldon Davis appealed a district court judgment awarding restitution. Davis was found guilty of the murder of Denise Anderson, endangering by fire or explosion, and arson. The district court ordered restitution without a hearing. The North Dakota Supreme Court remanded the case, holding the district court erred in ordering restitution without a hearing. On remand, the district court held a hearing to determine restitution. The State presented evidence that a bill for the funeral of Denise Anderson was sent to Nicholas Berlin, Denise Anderson’s son. The State also presented testimony from the funeral director of West Funeral Home, Craig Olsen. Olsen testified the total bill for the funeral was $3,550.00, the bill was sent to her son, Nicholas Berlin. Olsen testified he was not certain if Berlin or another family member paid the bill, but the bill had been paid in full. The district court found there was an actual cost incurred of $3,550.00 for Denise Anderson’s funeral and awarded restitution in that amount to Nicholas Berlin. Davis contended on appeal that the district court could not have properly determined Berlin actually incurred a recoverable loss under N.D.C.C. § 12.1-32-08(1) because there was no evidence presented which showed Berlin was the person who paid for the funeral. The Supreme Court concluded the district court did not abuse its discretion in awarding restitution in the amount of $3,550.00. View "North Dakota v. Davis" on Justia Law

Steven Dahl was convicted by jury on two counts of unlawful possession of drug paraphernalia, one of which was for felony possession of paraphernalia. The North Dakota Supreme Court affirmed the misdemeanor conviction, concluding sufficient evidence supported the conviction. The Supreme Court reversed the felony conviction, concluding there was insufficient evidence that the baggies were used, or possessed with intent to be used, for a felony purpose, and remanded for entry of a judgment of acquittal on the felony count. View "North Dakota v. Dahl" on Justia Law