Justia North Dakota Supreme Court Opinion Summaries

Tesoro Great Plains Gathering & Marketing, LLC, formerly known as Great Northern Gathering & Marketing, LLC (“Great Northern”), appealed an amended judgment entered after the district court ordered a pipeline lien held by Mountain Peak Builders, LLC foreclosed, and awarded Mountain Peak attorney fees and costs. Because the North Dakota Supreme Court determined the lien was extinguished, the district court erred as a matter of law by ordering the lien foreclosed and by awarding Mountain Peak attorney fees and costs. View "Tesoro Great Plains Gathering & Marketing v. Mountain Peak Builders" on Justia Law

The State appealed a district court order dismissing without prejudice a charge of gross sexual imposition against Donald Mitchell, arguing the court erred in finding that the testimony submitted was insufficient for a finding of probable cause. At the preliminary hearing, Officer Brian Williams was the only witness. He was not the investigating officer, and before the preliminary hearing, he had not had any contact with Mitchell. The basis for Officer Williams’ testimony was his familiarity with a report prepared by another officer. He testified there was video evidence and that he had been told showed sexual intercourse between Mitchell and the alleged victim. Officer Williams also testified that the alleged victim was under the age of 15 at the time of the incident. The district court concluded that there was not probable cause because the officer did not have first-hand knowledge and he “failed to give any type of an assertive ID.” The North Dakota Supreme Court reversed, finding that in a preliminary hearing, the State was not required to prove with absolute certainty or beyond a reasonable doubt that a crime occurred, but rather need only produce sufficient evidence to satisfy the court that a crime has been committed and that the accused is probably guilty. The Court Found the State presented testimony there was a video obtained from the alleged victim showing Mitchell engaging in sexual intercourse with the alleged victim, and that she was 14 years old at the time. Although the testifying officer had not personally viewed the video, his testimony contained sufficient information to establish probable cause to believe that Mitchell had engaged in a sexual act with a victim less than 15 years old. View "North Dakota v. Mitchell" on Justia Law

James Black appealed following his conditional guilty plea to ten counts of possession of certain materials prohibited, class C felonies. Black argued the district court was required to suppress evidence obtained during an unreasonable search following an improper initial entry into his home. Black also argued the trial court was required to suppress evidence obtained during a subsequent search of his home pursuant to a search warrant that lacked probable cause. After review, the North Dakota Supreme Court concluded the initial search was not unreasonable and the subsequent search warrant was valid. Therefore, judgment was affirmed. View "North Dakota v. Black" on Justia Law

Respondent-appellee Billie Dixon moved to dismiss petitioner-appellant John Dixon’s appeal due to mootness and lack of jurisdiction because the appeal was taken without a N.D.R.Civ.P. 54(b) certification. This action started in October 2013 when John sought an accounting of the Shirley A. Dixon Revocable Trust, removal of Billie as trustee, court supervised administration of the trust, reimbursement of the trust for unauthorized distributions, and his attorney fees expended in the action. After trial on remand the district court granted John’s request for supervised administration of the trust and denied the remaining requests for relief. On December 11, 2020, Billie filed a Petition for Order Allowing Trustee to Make Final Distribution and Allowing Termination of the Trust. On December 28, 2020, John filed objections to the petition, and on the same day the court granted Billie’s petition. On February 26, 2021, John appealed the district court’s order granting the petition. On April 12, 2021, Billie moved to dismiss the appeal. On April 24, 2021, the district court granted Billie’s motion for stay, ordering “that its Order Allowing Trustee to Make Final Distribution and Allowing Termination of the Trust (Doc. ID# 239), and any attempts to enforce that Order, are hereby stayed, effective March 29, 2021, pending completion of the appeal in this matter filed by Petitioner John W. Dixon.” Thereafter, Billie moved to dismiss this appeal as moot and for lack of N.D.R.Civ.P. 54(b) certification. The North Dakota Supreme Court concluded the latter issue was dispositive: the Supreme Court was without jurisdiction to adjudicate the appeal because the trust was court-supervised, and the last order was not final as to all matters relating to the trust. View "Dixon v. Dixon" on Justia Law

AgCountry Farm Credit Services, PCA appealed a district court judgment granting Michael and Bonita McDougall’s unjust enrichment claim and ordering AgCountry to pay $170,397.76. Kent and Erica McDougall were farmers and ranchers who began raising cattle in 2007. Michael and Bonita (collectively, “the McDougalls”) were Kent’s parents. In 2013, Kent and Erica began financing their operations through AgCountry.On various dates Kent and Erica obtained eight loans from AgCountry and signed promissory notes secured by real estate mortgages and security agreements. From fall of 2015 through March 2016, Kent and Erica repeatedly requested AgCountry restructure their loans and assist them in obtaining operating funds. Although Kent and Erica were in default on their loans with AgCountry, they signed a mortgage on the home quarter to AgCountry. When Kent and Erica were informed their request for restructuring was denied, they filed for bankruptcy. As part of the bankruptcy proceedings, Kent and Erica initiated an adversary action against AgCountry and the McDougalls. The complaint in the adversary action asserted a count for avoidance of transfer, for avoidance of the mortgage on the basis of fraud, and to determine the transfer of the home quarter back to the McDougalls from Kent and Erica was appropriate and nonavoidable. Then in 2018, the McDougalls sued AgCountry seeking a declaration that the mortgage on the home quarter was void and asserting claims of deceit, conversion, estoppel and unjust enrichment. AgCountry moved for summary judgment, arguing the McDougalls’ claims failed as a matter of law based on undisputed facts. AgCountry also argued the claims were barred by the prior judgment in Kent and Erica’s bankruptcy proceedings. Summary judgment was granted in favor of AgCountry dismissing the McDougalls’ claims of conversion, promissory estoppel, unjust enrichment and deceit and granting a declaration of superiority in AgCountry’s mortgage on the home quarter. The McDougalls appealed, and a trial ordered on their claims of deceit and unjust enrichment. The jury found in favor of AgCountry on the deceit claim, but in favor of the McDougalls on unjust enrichment. After review, the North Dakota Supreme Court directed the district court to modify the cost judgment, and affirmed as modified. View "McDougall, et al. v. AgCountry Farm Credit Services, et al." on Justia Law

WSI appealed a judgment ordering payment of death benefits to Gloria Felan. In 2017, Fred Felan was injured when driving a loaded truck that tipped on its side. Julie Schulz of KBO Farms, Fred’s employer, arrived at the scene a short time later. Fred declined an ambulance but agreed to allow Schulz to drive him to the hospital. At the hospital Fred complained of left chest and rib pain. X-rays taken at the hospital did not reveal any fractures. The next morning, Schulz picked Fred up from the hotel. She noted Fred was falling asleep during the meal and expressed concern he should return to the hospital to get checked again. Fred declined. Fred was discovered dead in his hotel room two days after the accident. WSI accepted Fred’s claim for injuries relating to his truck accident for contusion of thorax. WSI also did not believe Fred died from his work-related injury because Fred had multiple health problems including some related to his heart and diabetes. An autopsy confirmed Fred died of congestive cardiomyopathy and arteriosclerotic heart disease. Gloria thereafter filed a claim for death benefits. WSI would deny this claim, but an ALJ reversed the agency’s denial. WSI argued the ALJ and the district court misapplied the law by failing to properly apply N.D.C.C. 65-01-02(11)(a)(3). The North Dakota Supreme Court reversed the ALJ and district court, finding the ALJ was not provided objective evidence of the claimed injury: Fred died of a cardiac arrhythmia caused by blunt force trauma to his chest cavity. However, a medical expert admitted there was no objective medical evidence that an arrhythmia occurred. Rather, the conclusion the expert reached was a result of deductive reasoning. “As our precedent indicates, objective medical evidence may be established by a physician’s medical opinion based on an examination, a patient’s medical history, and the physician’s education and experience. However, objective medical evidence may not be established solely by deductive reasoning. On this record, the ALJ erred in concluding there was objective medical evidence of a cardiac arrhythmia.” View "WSI v. Felan, et al." on Justia Law

Larry Froistad appeals from an order denying his application for postconviction relief to withdraw his guilty plea. In 1998, Froistad pled guilty to murdering his daughter by setting fire to his residence when she was inside. In 2000, 2012 and 2020, Froistad applied for postconviction relief. In the third such application, Froistad sought to withdraw his guilty plea. The State responded and raised the affirmative defenses of res judicata and misuse of process. After an evidentiary hearing, the district court denied the application because it was untimely under N.D.C.C. 29-32.1-01, and the claims were barred by res judicata and misuse of process under N.D.C.C. 29- 32.1-12. The court also concluded the alleged newly discovered evidence of false confessions, when reviewed in light of the evidence as a whole, would not establish that Froistad did not commit murder. Froistad argued the district court erred in his third application for postconviction relief by concluding his claims were barred by res judicata. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Froistad v. North Dakota" on Justia Law

Sally Goossen appealed a trial court judgment determining Thomas Kruger’s and Goossen’s ownership interests in North Dakota Safety Professionals, LLC (“NDSP”). Goossen argued the district court erred in finding that she owned 45 percent of NDSP, and that certain expenses were business expenses for NDSP and were not draws Kruger made from NDSP’s account for his personal benefit. Concluding the district court’s findings were not clearly erroneous, the North Dakota Supreme Court affirmed. View "Kruger, et al. v. Goossen" on Justia Law

J.B. appealed a district court order denying his petition for treatment in community placement. J.B. was committed to the North Dakota State Hospital as a sexually dangerous individual in September 2005. At the hearing, the State called Dr. Deirdre D’Orazio, who testified that J.B. remained a sexually dangerous individual and was not ready for community placement. J.B. called Dr. Stacey Benson, who also testified that J.B. remained a sexually dangerous individual but that he was ready for community placement. Based on his expert’s opinion, J.B. petitioned for community placement. The trial court found the State established clear and convincing evidence that J.B. remained a sexually dangerous individual under N.D.C.C. 25-03.3-01(8), and denied his petition for community placement, concluding that the statute was constitutional and that because the executive director did not petition for community placement, it lacked subject-matter jurisdiction to consider J.B.’s petition. On appeal, J.B. argued the district court erred in determining that N.D.C.C. 25-03.3-24 did not violate the separation of powers. Finding no reversible error, the North Dakota Supreme Court affirmed the district court order. View "Interest of J.B." on Justia Law

The State petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of supervision directing the district court to grant a motion to amend a charge against Misty Lee Schwarz. Schwarz was charged with fourth offense of driving under the influence of alcohol (“DUI”) and a sixth offense in five years of driving with a suspended license. On November 9, 2020, the State and Schwarz reached a plea agreement, which called for amending the fourth offense DUI down to a third offense DUI. This agreement would change the offense level from a class C felony to a class A misdemeanor. It also included a provision agreeing to a specific sentence. The same day, the State filed a motion to amend the charge. The State asserted the charge needed an amendment to a lower level offense to create a longer sentence for Schwarz due to the COVID-19 pandemic. At a pretrial conference, the court expressed concern with amending the charge to the misdemeanor third offense, and ultimately denied the plea agreement and motion to amend the charge. The State sought a writ of supervision from the Supreme Court to compel the district court to amend the charge, arguing the court violated the separation of powers doctrine and infringed upon the State’s prosecutorial discretion. Finding that the court did not abuse its discretion when it denied the State’s motion, the Supreme Court denied the State’s petition for a writ of supervision. View "North Dakota v. Louser, et al." on Justia Law