Justia North Dakota Supreme Court Opinion Summaries

Enerplus Resources (USA) Corporation (“Enerplus”) appealed an amended judgment and adverse summary judgment orders which held it liable for suspending royalty payments to Meyer Family Mineral Trust, Joann Deryce Struthers Trust, and Steven J. Reed Living Trust (collectively, “Trust Defendants”). Victor Christensen owned land in Dunn County, North Dakota, including an area referred to as the “W1/2.” In 1952, he deeded a 5/128 royalty interest1 to Henry Roquette for all of the oil and gas produced from the W1/2 (“Roquette Deed”). Thereafter, Victor Christensen transferred his remaining interest in the W1/2 to his wife, Mildred Christensen. In 1957, Mildred Christensen deeded the W1/2 to Joe Reed and Deryce Reed, reserving a 4/5 mineral interest, and thereby conveying a 1/5 mineral interest to the Reeds. In 1968, Henry Roquette conveyed the 5/128 royalty interest to Mildred Christensen. The Vic Christensen Mineral Trust (“VCMT”) now owns the 4/5 mineral interest in the W1/2 that was formerly owned by Mildred Christensen. The Trust Defendants collectively owned the 1/5 mineral interest previously conveyed to the Reeds. Enerplus operated wells within the W1/2. A title examiner found a discrepancy with the land acreage in the Roquette Deed, which affected the size of the royalty interest. In October 2017, Enerplus informed VCMT and the Trust Defendants of these issues, required they enter into a stipulation clarifying their ownership interests, and suspended royalty payments to VCMT and the Trust Defendants. In 2019, VCMT sued the Trust Defendants to quiet title, alleging it owned the royalty interest on the Trust Defendants’ 1/5 mineral interest in the W1/2, and the royalty interest was larger than 5/128 based on the Roquette Deed. The Trust Defendants counterclaimed, alleging their 1/5 mineral interest had no royalty burden. VCMT and the Trust Defendants then stipulated to their interests with VCMT agreeing to forgo any rights to the royalty interest. Enerplus then paid VCMT and the Trust Defendants their suspended royalty payments. The Trust Defendants sought statutory interest from Enerplus for suspending their royalty payments. After cross-motions, the district court granted summary judgment in favor of the Trust Defendants and against Enerplus. Enerplus argued it was justified in suspending payments under N.D.C.C. 47-16-39.1, which allowed for suspending payments in the event of a dispute of title. To this, the North Dakota Supreme Court agreed and revered the district court's orders. View "Vic Christensen Mineral Trust v. Enerplus Resources Corp., et al." on Justia Law

Brent Castleman was convicted by jury of child abuse. At trial, the mother testified she was in her daughter’s bedroom when Castleman entered the room, screamed at her, held her by the neck, and pushed her face into a pillow. Their daughter was on the bed with the mother during the incident. The mother testified her daughter was “really scared,” “shaking,” and “cr[ied] a little bit.” The mother recorded audio of the incident using her phone, which was hidden under a pillow. The recording was played for the jury. The recording includes Castleman threatening, arguing with, and yelling at his wife. The daughter can be heard crying for a few seconds during the recording. Castleman argued on appeal there was insufficient evidence to establish a mental injury. The North Dakota Supreme Court reversed, finding that the evidence in the record here was limited to the mother’s testimony that her daughter was shaking and crying, and the audio recording of a few seconds of the child crying. "There is no evidence that there was any lasting effect on the child’s psychological, emotional, or mental health." View "North Dakota v. Castleman" on Justia Law

Joshua Roberts appealed a judgment finding him guilty of conspiracy to deliver a controlled substance, fentanyl. Roberts argued there was insufficient evidence to corroborate the testimony of an accomplice, and the jury should have received an instruction regarding the State’s burden to provide corroboration of an accomplice’s testimony. After review, the North Dakota Supreme Court concluded the State provided sufficient evidence to corroborate the testimony of the accomplice, and any error in failing to provide a jury instruction was harmless. View "North Dakota v. Roberts" on Justia Law

Michael Knoke appealed an order civilly committing him as a sexually dangerous individual. The North Dakota Supreme Court concluded the district court erred by ordering Knoke’s commitment without determining it he had serious difficulty controlling his behavior. The Court therefore reversed the commitment order. View "Matter of Knoke" on Justia Law

The State appealed a district court order dismissing a charge of class C felony unlawful possession of drug paraphernalia against Damian Carrillo for lack of probable cause. The State charged Carrillo with felony unlawful possession of drug paraphernalia, and driving under suspension following an arrest in March 2021. At the preliminary hearing on the paraphernalia charge, Officer Jerad Braaten was the only witness. Officer Braaten testified he initiated a traffic stop on March 2, 2021; Carrillo was driving, and two other passengers were in the vehicle at the time. Carrillo was driving on a suspended license; dispatch informed the officer Carrillo had a history of drug-related activity. Officer Braaten testified he detected the odor of marijuana coming from the vehicle; he requested assistance from a canine unit, which alerted on Carrillo’s vehicle. Officers then conducted a probable-cause search of the vehicle. On cross-examination, Officer Braaten stated the paraphernalia was not discovered until after Carrillo had been removed from the vehicle. He also acknowledged that the other passengers “were unsupervised in the suspect vehicle even for a brief period of time.” Officer Braaten testified that Carrillo had physical access to the location where the needle was found, but the other passengers could “throw anything through a car.” The district court dismissed the charge for possession of paraphernalia for lack of probable cause. The North Dakota Supreme Court determined the State produced sufficient evidence to establish probable cause for the charge. Accordingly, judgment was reversed and the case remanded for further proceedings. View "North Dakota v. Carrillo" on Justia Law

Scott Smith and Kristen Hackmann, co-personal representatives of William Smith’s estate, appealed a February 17, 2021 order denying their post-judgment motions and granting Charlene and LeeAllen Smith’s motion to enforce the existing judgment. On June 15, 2020, the co-personal representatives filed an amended inventory and appraisement along with a notice of proposed distribution. Charlene Smith objected to the proposed distribution and filed a motion to compel compliance with the November 2, 2018 Judgment. In response to the motion to compel, the co-personal representatives argued that Charlene Smith had rejected the distribution reflected in the November 2, 2018 Judgment by filing for an elective share, she had no probable cause to challenge the will so the penalty clause in the will had been triggered, and the question of whether she was entitled to a share of the estate remained open. Charlene Smith’s assertion of an elective share and challenge to the will were within the litigation between the parties prior to the entry of the 2018 Judgment. A hearing was held on October 13, 2020. Charlene Smith argued that the 2018 Judgment was final regardless of a provision that left open an increase in legal and administrative fees. The co-personal representatives argued there were mistakes in the 2018 inventory and appraisement and questioned whether the district court should require distributions pursuant to the 2018 Judgment, the supplemental inventory, or start over. During the hearing, all of the parties provided argument on the issue of whether the 2018 Judgment was final. At the conclusion of the hearing, the court noted: “These matters—or the Motion to Compel issue, obviously, needs to be decided first.” The court found the 2018 Judgment was final, the time to appeal the November 2, 2018 Judgment had passed, LeeAllen and Charlene Smith were entitled to their distributions pursuant to the 2018 Judgment, and the finality of the 2018 Judgment precluded resolution of the co-personal representatives’ post-judgment motions. The court ordered attorney’s fees to be paid by the co-personal representatives personally after finding there was no basis in law to support their post-judgment motions and their authority as personal representatives had ceased. The North Dakota Supreme Court concurred the 2018 Judgment was final, thereby affirming the February 2021 order. View "Estate of Smith" on Justia Law

Christopher Kjelgren appealed a district court judgment entered in favor of Cavare, Inc., and the subsequent order denying his motion for relief from the judgment. In 2017, Cavare, Inc. (also referred to as “Cavare USA”) commenced this action seeking a judgment declaring Cavare USA the rightful owner of a one-third interest in Petroleum Services Drilling Motors, Inc. (“PSDM”), and claiming breach of fiduciary duty, conversion, and unjust enrichment to recover $230,000 in shareholder distributions that PSDM had made to Kjelgren. Following a bench trial, the district court found Cavare USA was the owner of the disputed PSDM shares and $230,000 in shareholder distributions issued to Kjelgren belonged to Cavare USA. The North Dakota Supreme Court concluded the court’s finding that Cavare, Inc. was the rightful owner of disputed shares corresponding to a one-third interest in Petroleum Services Drilling Motors, Inc. was not clearly erroneous. Furthermore, the Supreme Court concluded the court did not abuse its discretion in denying his motion for relief from the judgment under N.D.R.Civ.P. 60. View "Cavare v. Kjelgren" on Justia Law

John Bridges appealed a district court order denying his applications for postconviction relief. In 2012, Bridges pleaded guilty to murder and kidnapping. The district court sentenced him to life in prison without parole. In 2013, Bridges pleaded guilty to attempted murder and possession of contraband by an inmate. The court sentenced him to twenty years’ imprisonment on each count. n January 2019, Bridges filed applications for postconviction relief in both criminal matters. He alleged he suffered from paranoid schizophrenia that prevented him from filing a timely application for relief. He alleged he was diagnosed with paranoid schizophrenia and took psychotropic medication before his incarceration and while in custody. He alleged prison officials coerced him “to say things that would ultimately discredit his history of mental illness.” He alleged he was injected with a powerful antipsychotic drug before sentencing. Bridges sought to withdraw his guilty pleas. The district court held a hearing on Bridges’ applications, allowing him to present evidence related to his mental status. The court found Bridges’ mental status was not newly discovered evidence because his competency was fully evaluated at the time of his convictions. The court found Bridges’ applications were untimely and denied him relief. On appeal of the denial of relief to the North Dakota Supreme Court, Bridges claimed his mental illness prevented him from understanding the charges against him or aiding in his defense. He also claimed his mental illness prevented him from filing a timely application for relief. Finding no reversible error, the Supreme Court affirmed the district court. View "Bridges v. North Dakota" on Justia Law

Eugene Taszarek, Marlys Taszarek, Trina Schilling, Steven Taszarek, and Michael Taszarek (“Taszareks”) appealed a judgment finding Lakeview Excavating, Inc., was not the alter ego of Brian Welken. Welken was Lakeview Excavating’s president and sole shareholder. While working on certain county projects, Lakeview Excavating’s employees took fieldstones from a nearby property owned by the Taszareks to use for the roads. The Taszareks sued Lakeview Excavating and Welken for intentional trespass, conversion of property, and unjust enrichment. The claims of trespass and conversion were tried to a jury. The jury returned a verdict in the Taszareks’ favor, finding Lakeview Excavating was the alter ego of Welken and holding both parties liable for damages. The North Dakota Supreme Court reversed and remanded for a new trial, concluding the district court inadequately instructed the jury on the alter ego doctrine. After a bench trial, the district court found Lakeview Excavating was the alter ego of Welken and ordered the Taszareks could recover damages from either Welken or Lakeview Excavating. The Supreme Court reversed again, concluding the court’s findings relating to piercing Lakeview Excavating’s corporate veil were inadequate to permit appellate review. On remand, the court held an evidentiary hearing and found Lakeview Excavating was not the alter ego of Welken. The Taszareks argue the district court exceeded the scope of remand by holding an evidentiary hearing instead of specifying findings of fact based on evidence already in the record. Finding no reversible error in last of the district court's alter ego findings, the Supreme Court affirmed. View "Taszarek, et al. v. Lakeview Excavating, et al." on Justia Law

Joseph Motisi appealed a district court order and judgment denying his petition for writ of mandamus. Hebron Public School District employed Motisi as a teacher during the 2019-20 and 2020-21 school years. Prior to his employment with the District, Motisi worked as a teacher in another North Dakota school district for four years. On April 23, 2021, the District sent Motisi a Probationary Teacher Notice of Nonrenewal, informing him the District would not be renewing his teaching contract. Motisi sent a letter to the District on April 26, 2021, notifying the District of his acceptance of a continuing contract for the 2021-22 school year. The District then notified Motisi he was unable to accept an offer to renew a contract because his contract was nonrenewed. Motisi applied for a temporary restraining order, a preliminary injunction, and later for a writ of mandamus. The court issued an order denying Motisi’s petition for writ of mandamus, stating the sole issue was “whether Motisi is a probationary employee under N.D.C.C. 15.1-15-02(8)” and that “Motisi concedes that if he was a probationary teacher, the District complied with the law.” The district court rejected Motisi’s argument that because he had four years of experience at another school, he could not be considered a probationary teacher under the statute. The court ultimately found “[t]he District followed the requirements of the statute when it non-renewed Motisi’s contract” and “Motisi has not demonstrated that he has a clear legal right” to the renewed contract. The North Dakota Supreme Court determined the district court did not err in interpreting N.D.C.C. 15.1-15-02(8), and affirmed judgment. View "Motisi v. Hebron Public School District" on Justia Law