Justia North Dakota Supreme Court Opinion Summaries

The Board of University and School Lands of the State of North Dakota, the State Engineer, and Statoil Oil & Gas LP appeal from a judgment determining William Wilkinson and the other plaintiffs owned mineral interests in certain North Dakota land. Although the judgment was not appealable because it did not dispose of all claims against all parties, the North Dakota Supreme Court exercised its supervisory jurisdiction to review the summary judgment. The Court concluded the district court did not err in concluding N.D.C.C. ch. 61-33.1 applied and the disputed mineral interests were above the ordinary high water mark of the historical Missouri riverbed channel, but the court erred in quieting title and failing to comply with the statutory process. Therefore, the Court affirmed in part, reversed in part, and remanded for further proceedings. View "Wilkinson, et al. v. Board of University and School Lands of the State of N.D." on Justia Law

Alysha Instasi appealed a district court judgment dismissing her motion to amend a Washington child custody judgment for lack of jurisdiction. Instasi and Jeremy Hiebert had two children. In December 2015, a judgment was entered in Washington relating to residential responsibility, parenting time, and child support. In July 2018, Instasi moved to amend the Washington judgment in North Dakota district court. In an affidavit supporting the motion, Instasi stated that she and the children have been living in North Dakota since October 2015. The district court entered a default judgment after Hiebert failed to respond to Instasi’s motion. In June 2019, Hiebert moved to vacate the default judgment, arguing the North Dakota court lacked jurisdiction to decide Instasi’s motion to amend the Washington judgment. After a hearing, the court vacated the default judgment and dismissed Instasi’s motion. The court concluded it lacked jurisdiction to modify the initial child custody determination made in Washington. Finding no reversible error, the North Dakota Supreme Court affirmed dismissal for lack of jurisdiction in North Dakota. View "Instasi v. Hiebert" on Justia Law

Rick Berg, as a resident and elector of North Dakota, and as chairman of the North Dakota Republican Party, petitioned this Court to exercise its original jurisdiction and issue a writ of mandamus directing Secretary of State Alvin Jaeger to remove Travisia Jonette Minor, A/K/A Travisia Martin from the November 3, 2020, general election ballot for the office of insurance commissioner. Martin filed an affidavit of candidacy, statement of interest, and certificate of endorsement with Jaeger requesting she be placed on the primary election ballot as the North Dakota Democratic-NPL party candidate for North Dakota Insurance Commissioner. In the affidavit of candidacy, Martin certified she met the requirements to hold the office of insurance commissioner. The executive director of the North Dakota Republican Party sent a letter to Jaeger stating Martin was ineligible to hold the office of insurance commissioner because she was not a North Dakota resident for five years preceding the November 2020 election. The Republican Party alleged Martin was ineligible to hold elective office because she voted in Nevada in the November 2016 election. Martin asserted she had maintained her physical residence in North Dakota since 2015. Jaeger refused to remove Martin from the ballot, stating he could only remove a candidate from the ballot if the candidate refused to accept the party nomination or if ordered to do so by a court. After review of the evidence, the North Dakota Supreme Court had "no doubt" Martin fully formed the intent to make North Dakota her legal residence at some point after 2016. However, all of the evidence and testimony presented to the Court regarding Martin’s intent and her actions, both prior-to and up until her vote in 2016, suggested she had not fully abandoned her Nevada domicile and residency, and she continued to avail herself of the rights of being a citizen of Nevada. She availed herself of these rights specifically to the exclusion of exercising many of those rights in North Dakota, including the right to vote. Therefore, the Court exercised its original jurisdiction to consider Berg’s petition, and granted an alternative writ of injunction. View "Berg v. Jaeger, et al." on Justia Law

Petitioners Michael Haugen, Jacob Stutzman, Trent Barkus, and the Brighter Future Alliance sought a writ to enjoin North Dakota Secretary of State Alvin Jaeger from placing an initiated measure on the November 3, 2020 ballot. The measure sought to amend the North Dakota Constitution concerning elections and legislative districting. After review, the North Dakota Supreme Court granted the writ, concluding the petition did not comply with the constitutional requirement that it contain the full text of the measure. The Court set aside the Secretary of State’s decision to place Measure 3 on the November ballot and enjoined him from doing so. View "Haugen, et al. v. Jaeger, et al." on Justia Law

Robyn Krile appealed from a district court order granting defendant Julie Lawyer’s motion to dismiss under N.D.R.Civ.P. 12(b)(6). In February 2017, Assistant State’s Attorney Julie Lawyer received an anonymous letter concerning a Bismarck police officer's destruction of evidence. Lawyer averred her decision to review the officer files was to ensure the state’s attorney’s office was fulfilling its disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972). As part of her investigation, Lawyer reviewed the file of Sergeant Robyn Krile. In Krile’s file, Lawyer discovered two letters of reprimand and several performance evaluations, which Lawyer believed raised Giglio issues. Lawyer further investigated the incidents for which the letters of reprimand were issued, and concluded Krile had made false statements as a Bismarck police officer. Lawyer shared her belief that the letters of reprimand and performance evaluations raised Giglio concerns with Bismarck Police Chief Dan Donlin. Chief Donlin disagreed and advised Lawyer that he did not see the incidents for which the letters of reprimand were issued as amounting to Giglio issues. Despite Chief Donlin’s pleas, Lawyer continued to believe Krile’s conduct amounted to a Giglio issue. Lawyer informed Chief Donlin that the results of her investigation would have to be disclosed to defense in cases in which Krile was involved pursuant to Giglio and, as a result, the Burleigh County State’s Attorney’s Office would no longer use Krile as a witness in its cases. Because the Burleigh County State’s Attorney’s Office was no longer willing to use Krile as a witness in its cases, the Bismarck Police Department terminated Krile’s employment. Krile filed a complaint with the Department of Labor and Human Rights claiming the Bismarck Police Department discriminated against her. After review, the North Dakota Supreme Court reversed dismissal of Krile's defamation claims for Lawyer's disclosure of the results of her investigation (the Giglio letter) to Chief Donlin. The Court affirmed dismissal of Krile’s defamation claims for Lawyer’s disclosure of the Giglio letter and affidavits to the Department of Labor and Human Rights because the communications were absolutely privileged. On remand, the district court may decide whether Lawyer’s communications to Chief Donlin and the POST Board are entitled to a qualified privilege. View "Krile v. Lawyer" on Justia Law

The Plaintiffs, in their individual capacities and on behalf of similarly situated taxpayers, sought declaratory relief regarding chapter 61-33.1, N.D.C.C., relating to the ownership of mineral rights in lands subject to inundation by the Garrison Dam, was unconstitutional. The district court concluded that N.D.C.C. 61-33.1-04(1)(b) was on its face unconstitutional under the “gift clause,” and enjoined the State from issuing any payments under that statute. The court rejected Plaintiffs’ constitutional challenges to the rest of chapter 61-33.1. The Defendants appealed and the Plaintiffs cross-appealed the trial court’s orders, judgment, and amended judgment. After review, the North Dakota Supreme Court reversed that portion of the judgment concluding N.D.C.C. 61- 33.1-04(1)(b) violated the gift clause and the court’s injunction enjoining those payments. The Supreme Court also reversed the court’s award of attorney’s fees and costs and service award to the Plaintiffs because they were no longer prevailing parties. The Court affirmed the remainder of the orders and judgment, concluding the Plaintiffs did not establish that chapter 61-33.1 on its face violated the North Dakota Constitution. View "Sorum, et al. v. North Dakota, et al." on Justia Law

Donna Wald appealed an amended divorce judgment valuing and distributing hers and Gerard Wald’s marital property. She also appealed a postjudgment order denying her motion for contempt or redistribution of property. After review, the North Dakota Supreme Court affirmed, concluding the district court did not clearly err in valuing and distributing the parties’ marital property. View "Wald v. Wald" on Justia Law

The State of North Dakota appealed dismissal of its criminal complaint against Jerome Greenshields with prejudice. In February 2018, the State charged Greenshields with one count of sexual assault occurring in 1997 and one count of gross sexual imposition occurring in 2001. Greenshields requested a bill of particulars, and the district court ordered the State to file a bill of particulars within ten days. The State failed to produce the bill of particulars. After Greenshields moved for dismissal, the court dismissed the complaint. The order of dismissal did not specify whether the dismissal was with or without prejudice, and the State did not appeal the dismissal. In January 2019, the State filed another criminal complaint against Greenshields, charging him again on counts of sexual assault, one occurring between June 1 to July 31, 1997, and the other occurring in August 1997. The complaint also charged Greenshields with gross sexual imposition occurring in September 2001. Greenshields moved to dismiss the complaint, arguing the charges could not be refiled because the district court dismissed the first case with prejudice. In response, the State argued the earlier dismissal was silent as to whether it was with or without prejudice. After the case was assigned to a new judge, the court dismissed the complaint without a hearing, concluding the first judge intended to sanction the State and dismiss the first case with prejudice. The State appealed; the North Dakota Supreme Court reversed and remanded, concurring with the State there was no evidence of whether the district court dismissed the first complaint with or without prejudice. On remand, Greenshields renewed his motion to dismiss, claiming the district court intended to dismiss the first complaint with prejudice. After a hearing, at which the judge who dismissed the first complaint testified, the court found the judge intended to dismiss the first complaint with prejudice. The court dismissed the complaint in this case with prejudice. After reviewing the record, the Supreme Court found evidence to support the court’s findings, leaving the Court with a "definite and firm conviction" no mistake was made. Because the district court’s findings were not clearly erroneous, the Court concluded the court did not abuse its discretion by dismissing the criminal complaint against Greenshields with prejudice. View "North Dakota v. Greenshields" on Justia Law

Hess Bakken Investments II, LLC; Arkoma Drilling II, L.P.; and Comstock Oil & Gas, LP, (together the “Hess Group”) appealed an order and judgment dismissing their claims against AgriBank, FCB; Intervention Energy, LLC; and Riverbend Oil & Gas VI, L.L.C. (together, “Appellees”). At issue was the meaning of the term “actual drilling operations” as used in continuous drilling clauses in two oil and gas leases. The district court interpreted the term as requiring “placing the drill bit in the ground and penetrating the soil.” Each side has advanced competing readings of the term based on understandings of English grammar and industry usage. Although at odds, both interpretations are supported by rational arguments. The North Dakota Supreme Court concluded the term was ambiguous; "when ambiguity exists, the parties’ intent becomes a question of fact requiring a factual finding based on extrinsic evidence." Given this ambiguity, dismissal as a matter of law was improper. View "Hess Bakken Investments II, et al. v. AgriBank, et al." on Justia Law

Carlin Schultz appealed a criminal judgment entered following his conditional guilty plea to the charge of driving under the influence. Schultz entered a conditional guilty plea preserving his right to challenge the denial of his motion to suppress evidence. Schultz argued he did not receive a reasonable opportunity to consult with counsel before deciding to take a chemical test and the subsequent test results should be excluded from evidence. The North Dakota Supreme Court found Schultz was provided with an opportunity to consult with an attorney before he decided whether to submit to chemical testing. Schultz was not required to be provided with a second chance to consult with an attorney subsequent to making a decision to take the chemical test. The judgment of the district court was therefore affirmed. View "City of Jamestown v. Schultz" on Justia Law