Justia North Dakota Supreme Court Opinion Summaries

Jason Bott and Suzanne Bott married in 2008 and have two minor children. In November 2022, Suzanne initiated a divorce action. They entered into a stipulated settlement agreement, and a judgment reflecting the terms was entered in June 2023. Jason was awarded all real estate, including the marital home and a rental property, and was required to pay Suzanne $425,000 in two installments. Shortly after the judgment, Jason asked Suzanne to alter the terms due to financial difficulties. They signed a handwritten document without their attorneys' knowledge, agreeing that Suzanne would retain the marital home and Jason would not have to make the cash payment. Suzanne later rescinded the agreement, moved out, and filed a motion for contempt against Jason for not making the first payment.The District Court of Cavalier County denied Jason's motion to amend the judgment under N.D.R.Civ.P. 60(b)(6), finding that the parties intended to cancel the agreement. The court ordered Jason to make the cash payments as originally stipulated. Jason appealed, arguing the agreement was a valid contract and Suzanne failed to prove its rescission.The North Dakota Supreme Court reviewed the case, focusing on whether the district court abused its discretion in denying Jason's motion. The court noted that Jason did not argue the original stipulation was the result of mistake, duress, menace, fraud, or undue influence, nor did he argue it was unconscionable. The court found that Jason did not demonstrate extraordinary circumstances justifying relief from the judgment. The court affirmed the district court's decision, concluding that Jason failed to show the court acted arbitrarily or unreasonably in denying his motion. View "Bott v. Bott" on Justia Law

Aksal Group, LLC filed an application with the Minot City Planning Department in July 2023 to vacate the Kyle’s Addition plat and approve a preliminary plat for the Citizens Alley Addition, a new three-lot subdivision. The Kyle’s Addition plat, recorded in 1995, included a single block with a 24-foot public access easement. RMM Properties, which owns adjacent property, objected, arguing that Aksal Group needed their consent to vacate the public alley and that half of the alley would revert to them as the adjacent property owner.The Minot Planning Commission approved Aksal Group’s application under N.D.C.C. § 40-50.1-16, and the Minot City Council subsequently passed a resolution in September 2023 to vacate the Kyle’s Addition plat and approve the preliminary plat for the Citizens Alley Addition. RMM Properties appealed this decision to the District Court of Ward County, North Central Judicial District, which affirmed Minot’s decision.The North Dakota Supreme Court reviewed the case and concluded that N.D.C.C. § 40-50.1-16 was the appropriate statute governing Aksal Group’s application. The court found that Minot’s decision was not arbitrary, capricious, or unreasonable and was supported by substantial evidence. The court also determined that the Kyle’s Addition plat dedicated a public access easement, not a fee title, and that the procedures under N.D.C.C. § 40-50.1-16 were correctly applied. The Supreme Court affirmed the district court’s order, upholding Minot’s decision to vacate the Kyle’s Addition plat and approve the preliminary plat for the Citizens Alley Addition. View "RMM Properties v. City of Minot" on Justia Law

Jorge Villazana was charged with reckless endangerment, terrorizing, and attempted murder following an incident on May 4, 2022, where he allegedly pointed a firearm at two individuals and shot one of them in the face. The State filed notices to use prior acts of domestic violence and threatening text messages as evidence under N.D.R.Ev. 404(b). Villazana moved to exclude this evidence, but the district court deferred ruling until trial. During the trial, the court admitted the text messages without objection and allowed testimony about prior domestic violence over Villazana's objection.The District Court of Stark County, Southwest Judicial District, presided over the trial. The jury found Villazana guilty of reckless endangerment with the use of a firearm and terrorizing without the use of a firearm, but acquitted him of attempted murder. Villazana appealed, arguing that the district court erred in admitting the 404(b) evidence, causing juror confusion and an inconsistent verdict.The North Dakota Supreme Court reviewed the case. The court held that the district court abused its discretion in admitting the testimonial evidence of domestic violence under Rule 404(b) because the third prong of the test was not met at the time of admission. However, the error was deemed harmless as sufficient evidence of the crimes charged was later presented. The court also found that Villazana waived any argument regarding the text messages' admissibility by not objecting at trial.Regarding the alleged inconsistent verdict, the Supreme Court concluded that the jury's findings were not legally inconsistent. The jury could rationally find Villazana guilty of terrorizing without the use of a firearm based on the evidence presented. The court affirmed the district court's judgment. View "State v. Villazana" on Justia Law

Northstar Center, LLC filed a lawsuit against Lukenbill Family Partnership, LLLP, and Tundra Properties, LLC, alleging breach of contract and intentional interference with contract. Lukenbill had initially agreed to sell a 120-acre parcel to Templeton Enterprises, LLC, which later assigned its rights to Northstar. However, Lukenbill sold the property to Tundra instead. Northstar claimed Lukenbill breached their agreement, and Tundra intentionally interfered with the contract. Lukenbill sought indemnification from Tundra, and Tundra counterclaimed for breach of warranty deed against Lukenbill.The District Court of Williams County granted summary judgment in favor of Northstar on its breach of contract and intentional interference claims, and in favor of Lukenbill on its indemnification claim against Tundra. The court denied Tundra’s summary judgment motion on its breach of warranty claim against Lukenbill, concluding Tundra did not adequately brief the issue.The North Dakota Supreme Court reviewed the case and found that the district court erred in granting summary judgment for Northstar on its breach of contract and intentional interference claims, as genuine issues of material fact existed. The court also found that the district court erred in granting summary judgment for Lukenbill on its indemnification claim against Tundra. However, the Supreme Court affirmed the district court’s dismissal of Tundra’s breach of warranty claim against Lukenbill, as Tundra did not challenge the dismissal on the grounds that it could not maintain the claim without a certificate of authority to transact business in North Dakota.The North Dakota Supreme Court affirmed in part, reversed in part, and remanded the case for further proceedings consistent with its opinion. View "Northstar Center v. Lukenbill Family Partnership" on Justia Law

In 2001, Terry Olson, Steffen Olson, Kevin Olson, and their parents signed a "Family Agreement" regarding ownership of land in Renville County, North Dakota. The agreement stipulated that the land, owned by the three sons as co-tenants with their parents retaining a life estate, could not be sold or transferred without unanimous consent and prohibited partition actions. Following the termination of the parents' life estates, Terry Olson and Steffen Olson sought to partition the land due to family conflicts. Terry Olson initiated a lawsuit in 2022 to partition the property by sale. Kevin Olson opposed the sale, favoring physical partition instead.The District Court of Renville County appointed a referee to determine whether the property could be physically partitioned without great prejudice. The referee concluded that physical partition would result in smaller, less marketable tracts and recommended a sale. The district court accepted the referee's report and ordered the property to be sold, subsequently confirming the sale and distributing the proceeds among the co-owners. Kevin Olson appealed, arguing that the district court erred in ordering the partition by sale and in distributing the proceeds.The Supreme Court of North Dakota reviewed the case and found that the district court had abused its discretion. The court noted that the referee's report was not properly introduced as evidence and that the district court's findings were conclusory, lacking sufficient evidence to support the determination of great prejudice. The Supreme Court emphasized that the burden of proving that physical partition would result in great prejudice lies with the party demanding the sale. Consequently, the Supreme Court reversed the district court's orders for partition by sale, the award of costs and attorney's fees, and the distribution of proceeds from the sale. View "Olson v. Olson" on Justia Law

Mitchell Sanderson filed a lawsuit against North Dakota state senator Janne Myrdal under 42 U.S.C. § 1983, claiming that Myrdal violated his First Amendment rights by blocking him on Facebook. Sanderson argued that Myrdal's Facebook page was a public forum, and he sought damages and injunctive relief. Myrdal responded that her Facebook page was not an official state website and denied Sanderson's entitlement to relief. Sanderson also filed a motion for default judgment, which the district court denied, noting that Myrdal had answered the complaint before the motion was filed.The District Court of Walsh County, Northeast Judicial District, granted summary judgment in favor of Myrdal, concluding that Sanderson's § 1983 claim failed as a matter of law. The court found no genuine issue of material fact and determined that Myrdal's Facebook page was not a public forum and her actions did not constitute state action. The court also denied Sanderson's various motions and requests for hearings, finding some of his motions frivolous and awarding Myrdal attorney’s fees for responding to them.The Supreme Court of North Dakota affirmed the district court's judgment. The court held that Myrdal's blocking of Sanderson on Facebook was not state action because her Facebook page was created and maintained in her private capacity, not as an official state communication. The court also upheld the denial of Sanderson's motion for default judgment, agreeing with the lower court's preference for resolving cases on their merits. Additionally, the court found no abuse of discretion in the district court's denial of Sanderson's requests for hearings and the award of attorney’s fees to Myrdal for responding to frivolous motions. View "Sanderson v. Myrdal" on Justia Law

Jeffrey Edison appealed an amended divorce judgment that awarded primary residential responsibility of his two children to Signe Edison. He argued that the district court was biased and erred in calculating his income and finding him underemployed for child support purposes. The case had previously been remanded by the North Dakota Supreme Court due to findings of gender bias and errors in income calculation.The district court, on remand, held a status conference and received stipulated evidence, including wage data from the U.S. Bureau of Labor Statistics. The court then issued orders reaffirming the award of primary residential responsibility to Signe Edison and finding Jeffrey Edison underemployed. Jeffrey Edison appealed again, claiming the district court maintained its bias and failed to follow the Supreme Court's instructions.The North Dakota Supreme Court reviewed the case and found no evidence of judicial bias or prejudgment by the district court. The court noted that adverse rulings alone do not indicate bias and that the district court had eliminated the improper findings related to breastfeeding. The Supreme Court affirmed the district court's award of primary residential responsibility to Signe Edison.Regarding the income calculation, the Supreme Court found that the district court had erred in subtracting self-employment losses from Jeffrey Edison's gross income and failing to include refundable tax credits. However, these errors were deemed harmless as they did not affect the outcome. The court concluded that Jeffrey Edison was underemployed regardless of the errors in income calculation and affirmed the district court's judgment. View "Edison v. Edison" on Justia Law

In 2010, Howard Malloy obtained a judgment against James Behrens related to their partnership, requiring Behrens to transfer his interest in the partnership and pay $341,890.26 plus interest. Behrens's homestead, subject to a 2006 mortgage, was sold at an execution sale. Behrens appealed the sale confirmation, and in a prior decision, the court reversed and remanded due to procedural errors. Upon remand, the district court issued new executions, leading to a levy on Behrens's homestead. The property was appraised and sold at auction to Malloy for $759,004.65. The court applied a $100,000 homestead exemption, deducted sale costs, allocated $118,866.27 to the mortgage, and applied the remaining proceeds to the judgment.The District Court of Morton County initially confirmed the sale, but Behrens appealed, arguing errors in the sheriff's compliance with execution laws, the application of the homestead exemption, and the allocation of sale proceeds. The court found the sheriff complied with the law requiring personal property to be used before real property. However, it erred by applying a $100,000 homestead exemption instead of the $150,000 exemption effective at the time of the sale and by allocating proceeds to the mortgage rather than the judgment.The North Dakota Supreme Court affirmed the district court's finding that the sheriff complied with execution requirements but reversed the application of the outdated homestead exemption and the allocation of sale proceeds to the mortgage. The court held that the $150,000 homestead exemption should apply and that sale proceeds should satisfy the judgment before addressing the mortgage. The case was remanded for proceedings consistent with these holdings. View "Malloy v. Behrens" on Justia Law

Torrey Kath brought a personal injury lawsuit against Michael Prochnow and Prochnow Farms, alleging that Prochnow moved a semi-truck while Kath was underneath, causing significant injury. Kath and Prochnow entered into a Miller-Shugart agreement, where Prochnow accepted damages, and Kath agreed to collect solely from Prochnow’s insurers. The case was dismissed with prejudice after a stipulation of dismissal was filed.Kath then filed a declaratory judgment action against Farmers Union Mutual Insurance Company (FUMIC), which insured Prochnow under a farm liability policy. Kath sought declarations that the policy covered his injuries and that the Miller-Shugart agreement was reasonable and binding on FUMIC. The District Court of Stutsman County granted Kath summary judgment on the coverage issue, interpreting the policy’s motor vehicle exclusion as not applying to the coverage added by a farm employer liability endorsement.FUMIC moved for summary judgment, arguing it had no duty to indemnify Prochnow because the personal injury action had been dismissed with prejudice. While this motion was pending, Kath and Prochnow successfully moved to vacate the dismissal and entered a $2 million judgment against Prochnow, to be paid solely by FUMIC. The district court then denied FUMIC’s motion for summary judgment, holding that the judgment in the personal injury action rendered FUMIC’s motion moot and granted summary judgment in favor of Kath on the second count of his complaint.The North Dakota Supreme Court reviewed the case and reversed the district court’s judgment. The Supreme Court held that the policy’s motor vehicle exclusion applied to Kath’s injuries, and thus, the policy did not provide coverage. The court concluded that the endorsement did not supersede the motor vehicle exclusion and that the policy, when read as a whole, excluded coverage for injuries related to the use of motor vehicles. View "Kath v. Farmers Union Mutual Ins. Co." on Justia Law

In December 2021, the Ward’s adult son petitioned for an emergency guardianship, alleging the Ward was incapacitated. The district court denied the ex parte appointment but later appointed the son as the emergency guardian. The Ward and his son stipulated that the Ward required a limited guardian and a conservator, leading to the appointment of Lutheran Social Service of Minnesota (LSS) as the limited guardian and First Western Bank as the conservator. The limited guardianship was set for one year, and the conservatorship for five years.Before the guardianship expired, the district court extended it and reappointed Dr. Swenson as an expert examiner. The Ward petitioned for termination of the guardianship, supported by LSS and the guardian ad litem. At the review hearing, the court presented evidence from Dr. Swenson and others. The court concluded the Ward failed to make a prima facie case for termination and extended the guardianship for two more years. The Ward appealed, and LSS stipulated that the guardianship should be terminated.The North Dakota Supreme Court reviewed the case and found that the district court erred in reappointing Dr. Swenson as an expert examiner, as the statute did not authorize such an appointment in termination proceedings. The court concluded that the Ward had established a prima facie case for termination and that there was no clear and convincing evidence showing the Ward remained incapacitated. The Supreme Court reversed the district court’s order and terminated the limited guardianship. View "Guardianship and Conservatorship of K.H.P." on Justia Law