Justia North Dakota Supreme Court Opinion Summaries

Blue Appaloosa, Inc., appealed a judgment affirming an Industrial Commission order determining it violated N.D. Admin. Code ch. 43-02-03 by beginning construction of a treating plant prior to obtaining a permit or filing a bond with the Commission. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Blue Appaloosa v. NDIC" on Justia Law

Megan Christopher appealed a disorderly conduct restraining order entered against her, arguing the district court abused its discretion in issuing the order because reasonable grounds did not exist to believe she engaged in disorderly conduct, and her conduct was constitutionally protected. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Lehnerz, et al. v. Christopher" on Justia Law

The State appealed an order granting Corey Wickham’s postconviction relief application. Wickham was found guilty of two counts of gross sexual imposition. Wickham filed an application for postconviction relief, arguing that his conviction was obtained in violation of his Sixth Amendment right to effective assistance of counsel because his trial counsel failed to object to a State witness’s comment on Wickham’s invocation of his right to counsel. Because the district judge who presided over Wickham’s trial had retired, an evidentiary hearing on his postconviction application was held in front of a different judge. Testimony was heard from Wickham’s trial counsel at the hearing. The court found that Wickham satisfied the “Strickland” test and granted Wickham’s application for relief. The State argued the district court did not properly apply the Strickland test and its findings regarding ineffective assistance of counsel were clearly erroneous. The North Dakota Supreme Court found that because the court failed to consider the list of non-exclusive factors outlined in North Dakota v. Wilder (2018 ND 93) in determining the prejudicial effect of trial counsel’s error, the Supreme Court concluded that the postconviction court erred in its application of the law under prong two of the Strickland test. The order granting relief was reversed. View "Wickham v. North Dakota" on Justia Law

S.P.L. appealed a judgment denying his petition to terminate M.T.’s parental rights and adopt K.M.T. He argued the district court erred in denying his request to terminate M.T.’s parental rights and failing to consider whether M.T.’s consent was required for an adoption proceeding. While the North Dakota Supreme Court did not find the district court’s findings were clearly erroneous, the district court erred in failing to make findings regarding whether M.T.’s consent was required in the adoption proceeding. Judgment was affirmed in part, reversed in part and remanded for further proceedings. View "In the Matter of the Adoption of K.M.T." on Justia Law

Dr. Jacob Schmitz appealed a district court judgment affirming the final order of the State Board of Chiropractic Examiners (“Board”) imposing discipline against him. He also appealed an order entered after a limited remand denying his motion for post-judgment relief under N.D.R.Civ.P. 60(b). Dr. Schmitz was a chiropractor licensed to practice in North Dakota. He owned and practiced at Freedom Chiropractic Health Center in Fargo, North Dakota. In March 2019 the Board issued an administrative complaint against Dr. Schmitz, alleging he failed to maintain the chiropractic standard of care for patient and clinical billing records in violation of N.D. Admin. Code 17-03-01-01(3), that Dr. Schmitz’s membership plans were in violation of N.D. Admin Code 17-03-01-05, and that Dr. Schmitz used Noridian Medicare Private Contract and Advanced Beneficiary Notice (ABN) forms to have patients opt out of Medicare in violation of N.D. Admin. Code 17-03-01-01(4). The Board requested the Office of Administrative Hearings (“OAH”) to appoint an ALJ to conduct an evidentiary hearing and issue recommended findings of fact, conclusions of law, and order. Both Dr. Schmitz and the Board moved for summary judgment. The ALJ held a telephonic hearing on the competing motions, issued a recommended order granting the Board’s summary judgment motion on each of the claims, and cancelled the previously scheduled evidentiary hearing. The North Dakota Supreme Court concluded the Board’s final order, adopting an administrative law judge’s (“ALJ”) recommended order for summary judgment, erred in granting summary judgment on the Board’s claims against Dr. Schmitz. The judgment and the Board’s final order were reversed, and the matter remanded to the Board to conduct an evidentiary hearing and to supplement the administrative record. View "Schmitz v. State Board of Chiropractic Examiners" on Justia Law

Derek Spitzer appealed a second amended judgment entered after he moved to amend a parenting judgment. Spitzer and Kate Anderson had a child, P.T.S., born in 2009. In 2010 the district court awarded Anderson primary residential responsibility and ordered Spitzer to pay child support. In 2013 Spitzer moved to amend the judgment and requested primary residential responsibility. The court awarded joint residential responsibility, but Spitzer had slightly more than 50% of the parenting time. The parties agreed to eliminate Anderson’s child support obligation based on Spitzer’s income and their agreement to share P.T.S.’s expenses. In this appeal, Spitzer argued the district court erred in awarding Anderson primary residential responsibility, claiming there was not a material change in circumstances that adversely affected P.T.S. or resulted in a general decline of P.T.S.’s condition. To this the North Dakota Supreme Court agreed and reversed judgment. View "Anderson v. Spitzer, et al." on Justia Law

Lee Kathrein appealed a judgment piercing the veil of Kathrein Trucking, LLC. In May 2020, West Dakota Oil, Inc. sued Kathrein Trucking, LLC and its owner, Kathrein, for failing to pay for fuel West Dakota provided. West Dakota amended its complaint in January 2021 and alleged breach of contract, unjust enrichment and quantum meruit. A bench trial was held in June 2021. In September 2021, the district court issued a memorandum opinion finding in favor of West Dakota. The court issued its findings of fact and judgment, ordering Kathrein Trucking and Kathrein to pay $63,412.35, jointly and severally. In deciding to pierce the veil of Kathrein Trucking, the district court found Kathrein disregarded the formalities required of limited liability companies, provided West Dakota title to a trailer Kathrein personally owned as security for the company’s debt, charged items at West Dakota that Kathrein personally used, and utilized company assets for personal use. The court found Kathrein operated his company as an alter ego based on a totality of the circumstances and the rubric for factors used to pierce a veil. After reviewing the record, the North Dakota Supreme Court concluded the evidence did not support findings under the applicable factors or a conclusion the company’s veil should have been pierced. The decision to pierce the veil and hold Kathrein personally liable was reversed. View "West Dakota Oil v. Kathrein Trucking, et al." on Justia Law

Mark Rath appealed after the district court entered a third amended judgment in this divorce action from Kayla Rath (now Jones). After review, the North Dakota Supreme Court concluded the district court did not abuse its discretion in denying his motion in limine; in conducting the hearing; and in allowing written, but not oral, closing arguments. The Supreme Court affirmed the denial of his requests for new trial and recusal, and affirmed the third amended judgment. However, the Supreme Court determined the district court erred in denying his demand for a change of judge and erred in referring Jones’s motion for a vexatious litigant determination under N.D. Sup. Ct. Admin. R. 58 to the presiding judge, who had previously been disqualified in this case. The Court therefore vacated a May 2021 order determining Mark Rath a vexatious litigant. Furthermore, the Supreme Court held that Rath did not meet his burden to show his constitutional challenge to N.D. Sup. Ct. Admin. R. 58 had merit, so the Court exercised authority under N.D. Sup. Ct. Admin. R. 58(7) to determine Mark Rath was a vexatious litigant under the rule. View "Rath v. Rath, et al." on Justia Law

Koch Construction, Inc.; Marilyn Koch, Personal Representative of the Estate of Michael P. Koch; and Koch Property Investments, Inc. (collectively “appellants”) appealed the judgment and amended judgment entered in favor of Toman Engineering Company (“Toman”). Michael Koch owned and operated Koch Construction and Koch Property Investments (“KPI”). Toman provided engineering services to Koch Construction on various projects, including designing a stormwater management system for the Koch Meadow Hills residential development project in Dickinson, North Dakota. Michael died in August 2017. The stormwater management system included a detention pond referred to as the Marilyn Way Stormwater Pond, which was the detention pond at issue in this case. In 2016, Janet Prchal, Dean Kubas, and Geraldine Kubas, owners of property near the Koch Meadow Hills development, sued the City of Dickinson and KPI for damages, alleging the development of Koch Meadow Hills caused water to drain and collect on their properties. The Prchal lawsuit was settled in September 2018, and the settlement required modifications to be made to the Marilyn Way Stormwater Pond before June 30, 2019. The reconstruction work on the detention pond occurred during the summer and fall of 2019. Toman served a summons and complaint on Koch Construction and Marilyn Koch, to collect unpaid amounts for engineering services Toman provided to the defendants in 2017. Toman filed the complaint in the district court in June 2019. The appellants argued the district court erred in deciding they committed intentional spoliation of evidence and dismissing their counterclaim as a sanction. After review of the district court record, the North Dakota Supreme Court concluded the district court abused its discretion when it dismissed the appellants’ counterclaim as a sanction for spoliation of evidence. Judgment was reversed and the matter remanded for a new trial. View "Toman Engineering Co. v. Koch Construction, et al." on Justia Law

Duane Landrus, Jr. appealed his conviction by jury for aggravated assault on a correctional officer. In March 2019, Landrus was instructed to go to the behavior intervention unit while in custody at the state penitentiary. Landrus refused to leave his cell and a team was called to remove him. A sergeant at the penitentiary testified that Landrus choked him after he entered Landrus’ cell. Trial took place in June 2021. The district court provided jury instructions listing the essential elements of aggravated assault under the originally-charged subdivision, N.D.C.C. 12.1-17-02(1)(c). Neither Landrus nor the State objected. The jury returned a conviction. Landrus conceded the issues raised on appeal were not argued to the district court, so the appropriate standard of review was obvious error in instructing the jury on the elements of the originally-charged subdivision of N.D.C.C. 12.1-17-02. To this, the North Dakota Supreme Court agreed: “the failure to correct this error would seriously affect the fairness, integrity, and public reputation of criminal proceedings. We reverse and remand for a new trial using jury instructions consistent with the crime charged.” View "North Dakota v. Landrus" on Justia Law