Justia North Dakota Supreme Court Opinion Summaries

Riley Kuntz appealed the district court’s default judgment entered in his favor. Kuntz sued Ashlynn Leiss and Joseph Westbrook for trespass and theft of his cat trap. Neither Leiss nor Westbrook answered the complaint or otherwise appeared. Following an evidentiary hearing, the district court granted default judgment in favor of Kuntz. The court found a trespass and conversion of the cat trap had occurred. The court awarded Kuntz a money judgment for conversion of the cat trap, but found he did not suffer any actual damages as a result of the trespass. Kuntz argues the district court erred by denying his damages for trespass. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Kuntz v. Leiss, et al." on Justia Law

Following a bench trial, Kelly and Debra Perhus appealed from a district court judgment quieting title to disputed property in Kevin and Angela McCarvel. Kelly Perhus was the record title owner of the property. The court found the disputed parcel was .41 acres in size. The McCarvels owned the property adjacent to the disputed parcel and the Perhuses’ property. The McCarvels purchased their property in 2003. The trial court traced ownership of the McCarvel property back to 1992. The disputed parcel was set off from the rest of the Perhus property due to road construction predating 1992. The court found the McCarvels “maintained a dike, planted trees, mowed the grass and maintained a driveway across the disputed property.” The court ultimately held the McCarvels met their claim for adverse possession by clear and convincing evidence. It also found the McCarvels met all the elements for boundary by acquiescence. Finding no reversible error, the North Dakota Supreme Court affirmed the trial court's judgment. View "McCarvel, et al. v. Perhus, et al." on Justia Law

Three Aces Properties LLC appealed, and United Rentals (North America), Inc., cross-appealed a judgment and orders denying their motions to amend the judgment. In 2017, Three Aces sued United Rentals for breach of contract and waste. Three Aces claimed United Rentals breached the lease by failing to pay rent after it vacated the property, failing to maintain and repair the parking area, and failing to maintain and repair the premises. Three Aces alleged United Rentals’ use of the premises resulted in destruction of the asphalt parking area and damages to the building and other areas of the property. Three Aces claimed United Rentals attempted to repair the parking area by replacing the asphalt paving with scoria, the City of Williston notified the parties that replacement of the asphalt with scoria violated zoning ordinances, and the parties disagreed about which party had an obligation to repair the parking area. Three Aces argued the district court erred by failing to award it damages for its breach of contract claims. United Rentals argued the court erred in dismissing its breach of contract and constructive eviction claim. Finding no reversible error, the North Dakota Supreme Court affirmed the district court. View "Three Aces Properties v. United Rentals" on Justia Law

Cody Atkins appealed a district court order denying his motion to vacate a criminal judgment and withdraw his plea of guilty. In June 2015, Atkins pled guilty to violating an order prohibiting contact, a class A misdemeanor. Atkins did not appeal the criminal judgment entered following his guilty plea. On appeal, Atkins’ counsel sought permission to file an “Anders” brief or, in the alternative, permission to withdraw as Atkins’ counsel. The North Dakota Supreme Court denied the request to file an Anders brief, granted the motion to withdraw as Atkins’ counsel, and ordered a schedule for additional filings. The Court has held previously that the procedures set forth in "Anders" did not apply to North Dakota law because, under the state constitution and statutes, an appeal was a matter of right which eliminated the need for an Anders proceeding. In light of the representation of Atkins’ defense counsel that the appeal lacked merit and Atkins’ own request for new counsel, the Court granted the request to withdraw as counsel. Atkins was given time to submit a request for the appointment of appellate counsel. View "Atkins v. North Dakota" on Justia Law

Dustin Sackenreuter appealed after his conditional guilty plea to refusing to take a chemical breath test. He argued that the implied consent advisory he received was insufficient under N.D.C.C. 39-08-01(1)(f), that subsection (1)(f) was unconstitutionally void for vagueness, that subsection (1)(f) was ambiguous and should be interpreted in his favor, and that his special jury instructions should not have been rejected. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Sackenreuter" on Justia Law

Amber Sather appealed a trial court judgment in hers and Adam Sather's divorce, a judgment that included a parenting plan for the parties’ children. She argued the district court erred by failing to include certain parenting plan provisions in the judgment. The North Dakota Supreme Court found section 14-09-30, N.D.C.C., required all parenting plans, including plans stipulated to and adopted by the court, to contain provisions regarding decision-making responsibility, dispute resolution, transportation and exchanges, and summer parenting time; or an explanation as to why the provisions were not included. The parenting plan here did not include these provisions or explain why they were not included. Thus, the Supreme Court concluded the district court erred by adopting the parties’ parenting plan without either all of the information in N.D.C.C. section 14-09-30(2) being included, or after considering the best interests of the children as required by N.D.C.C. section 14-09- 30(1), providing its own findings regarding the same. Judgment was reversed and the matter remanded for further proceedings. View "Sather v. Sather" on Justia Law

BNSF Railway Co. (“BNSF”) appealed a jury verdict and money judgment entered in favor of David Rentz. In July 2012, a tractor-trailer driven by Rentz was struck by a train operated by BNSF and train engineer, Reinaldo Guitian, Jr. The collision occurred at a public railroad grade crossing. In December 2015, Rentz sued BNSF and Guitian for personal injuries sustained during the vehicle/train collision. Guitian was subsequently dismissed as a named defendant in the action. Trial was held over eleven days in January 2019. Guitian was designated as BNSF’s party representative under N.D.R.Ev. 615 and was not sequestered from the courtroom. The jury returned a verdict finding Rentz 15% at fault and BNSF 85% at fault. A money judgment was entered in favor of Rentz. BNSF asserted it was denied a fair trial because: (1) BNSF’s designated representative at trial was allowed to be questioned beyond the scope of his knowledge; (2) video and audio clips taken from discovery depositions of BNSF’s designated representatives were improperly played during opening and closing arguments; (3) BNSF’s internal operating procedures were improperly used to modify the standard of care; and (4) opinion testimony of the investigating highway patrol trooper was excluded from evidence. Because the North Dakota Supreme Court concluded the questioning of BNSF’s representative at trial exceeded his personal knowledge and affected a substantial right, judgment was reversed and the matter remanded for a new trial. View "Rentz v. BNSF Railway Co." on Justia Law

David Buller appealed a district court order granting a petition for commitment of a sexually dangerous individual. On January 23, 2020, the State filed a petition for civil commitment of Buller as a sexually dangerous individual. On January 28, 2020, following a preliminary hearing, the district court entered an order of dismissal of the petition after finding the State failed to establish Buller had a condition that was manifested by a sexual disorder, personality disorder, or other mental disorder or dysfunction. On January 30, 2020, sua sponte and without notice to the parties, the court issued an order vacating the prior order dismissing the petition and finding probable cause was established to commit Buller. On February 19, 2020, Buller filed a petition for writ of mandamus to this Court. This Court exercised supervisory jurisdiction and vacated the district court’s January 30, 2020 order after considering the procedural irregularity of the second order issued sua sponte and without notice to the parties. On March 6, 2020, the State filed a new petition and started a new proceeding seeking commitment of Buller as a sexually dangerous individual. Buller requested dismissal of the new petition asserting res judicata precluded a second petition because the January 28, 2020 order dismissing the petition following the preliminary hearing was not vacated in the first proceeding. After completion of an evaluation in which two doctors reached an opinion Buller met the criteria of a sexually dangerous individual, the district court again issued an order granting the petition seeking commitment. Buller argued the proceedings in this case were bared by res judicata and the order for commitment was not supported by clear and convincing evidence. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Interest of Buller" on Justia Law

Spencer Curtiss appealed the dismissal of his declaratory judgment action seeking relief from a criminal judgment and the district court’s subsequent order denying his motion for reconsideration. In 2011, Curtiss was convicted and sentenced to 25 years of imprisonment with all but 15 years suspended for Gross Sexual Imposition (GSI) with a minor. Curtiss has previously initiated a direct appeal of his conviction in the criminal case, filed two petitions for post-conviction relief under the Uniform Postconviction Procedure Act, moved for relief under N.D.R.Civ.P. 60, and moved to amend his probation. In February 2020, Curtiss filed a complaint in district court seeking a declaratory judgment, a vacation of the sex offender registration requirements of his sentence, and a removal of his probation period. Curtiss asserted a variety of claims challenging the underlying GSI conviction. The court dismissed the action under N.D.R.Civ.P. 12(b)(6) after finding the current action to be an impermissible collateral attack on the criminal judgment. Curtiss subsequently filed a motion for reconsideration of the dismissal of his action. The court denied the motion. On appeal, Curtiss argued the district court erred in dismissing his action and denying his motion to reconsider. Finding no reversible error, the North Dakota Supreme Court affirmed dismissal. View "Curtiss v. North Dakota" on Justia Law

North Dakota Governor Doug Burgum petitioned the State Supreme Court to exercise its original jurisdiction and issue declarations and a writ of mandamus concerning who appoints the replacement after the pre-election death of a candidate for an office in the Legislative Assembly. Four candidates appeared on the 2020 general election ballot for two available seats for the office of State Representative for District Eight. The prior officeholder died in October 2020, twenty-nine days before the election, and after ballots were printed and early voting had begun. The North Dakota Secretary of State requested an advisory opinion from the state Attorney General on what to do about votes cast for the deceased candidate. The Attorney General responded stating that the North Dakota legislative assembly would follow the procedure codified in N.D.C.C. 16.1-13-10: "Upon the application of state law and the ‘American’ rule, it is my opinion that this would be the appropriate method to fill a vacancy." Election day totals showed Dave Nehring received the most votes and David Andahl received the second most votes. In accordance with the Attorney General's Opinion, the election results were certified but no certificate of election was issued to Andahl because of his death. Officials for the District Eight Republican Committee announced their intention to appoint an individual to fill the office. Kathrin Volochenko received the third most votes. She intervened in this case and claimed no vacancy in office would exist because she was elected to the office. On December 1, 2020, Nehring was set to fill one of the seats because he received the most votes. Andahl received the second most votes, and he presumably would have filled the other seat but died and will not do so. Therefore, as a matter of law, a vacancy would exist on December 1, 2020. When a vacancy in office occurs, the Governor’s constitutional authority to fill it is contingent upon there being “no other method” provided by law. A governor does not have authority to fill a legislative branch vacancy unless the gap-filling authority of N.D. Const. art. V, section 8 permits it. The Supreme Court declared a vacancy in office would exist on December 1, 2020, and the Governor did not have statutory or constitutional authority to make an appointment to fill the vacancy in this case. "He has not established a clear legal right to performance of the acts he seeks. Therefore, a writ of mandamus is not warranted. We deny the requested relief." View "Burgum v. Jaeger, et al." on Justia Law