Justia North Dakota Supreme Court Opinion Summaries

Abbey Gifford appealed a judgment granting her and Brian Woelfel equal residential responsibility for their minor child and determining child support. After review, the North Dakota Supreme Court concluded the district court erred by including an “automatic” change of custody provision that purported to modify the original residential responsibility decision without consideration of the child’s best interests at the time of a potential move. Judgment was reversed and the matter remanded for further proceedings. View "Woelfel v. Gifford" on Justia Law

Cash Aaland, Larry Bakko, and Penny Cirks (the “Landowners”) moved to stay, pending appeal, district court orders granting the Cass County Joint Water Resource District (the “District”) a right of entry onto their properties. In September and December 2019, the District contacted the Landowners seeking easements on their properties to conduct long-term monitoring for the Fargo-Moorhead Flood Diversion Project (the “Project”). After the District failed to obtain these easements, it applied for a permit to enter the Landowners’ properties to monitor environmental impacts in connection with the Project through December 2021. The application provided that access to the Landowners’ properties was necessary to conduct examinations, surveys, and mapping, including geomorphic examinations requiring installation of survey monuments on certain properties. The Landowners opposed the District’s application. To the North Dakota Supreme Court, the Landowners argued that without a stay, they would suffer irreparable injury. Finding the Landowners would not suffer irreparable injury, the Court denied the motion to stay the district court orders. View "Cass County Joint Water Resource District v. Aaland, et al." on Justia Law

John and Tammy Sadek, the surviving parents of Andrew Sadek ("Andrew"), appealed the district court’s grant of summary judgment to Jason Weber and Richland County, North Dakota. Defendant Jason Weber was a deputy with the Richland County Sheriff’s Office and a member of the South East Multi-County Agency Narcotics Task Force (“SEMCA”). Richland County was Weber’s employer and a participating agency in SEMCA. In 2013 Andrew Sadek was a student at the North Dakota State College of Science. In April 2013, two confidential informants purchased small quantities of marijuana from Andrew on two occasions. On November 21, 2013, officers searched Andrew's dorm room and found a marijuana grinder. At the time of the search, Weber informed Andrew about the felony charges he could face for the two April 2013 marijuana deliveries, and told him he could either take the charges or sign up to work as a confidential informant. Weber stated “a lot of this could go away” in exchange for his work as a confidential informant. Andrew agreed to work as a confidential informant, signing a Cooperating Individual Agreement. Weber told Andrew it was important for him not to tell anyone, including other law enforcement, that he was working as an informant. By January 2014, Andrew did three controlled buys of marijuana from two people, but subsequently lost contact with Weber. In April 2014, Weber told Andrew he would pursue the felony charges unless Andrew was able to line up additional controlled buys. Weber gave Andrew a deadline of May 1, 2014, to get the next deal done. On that day, Andrew was reported missing. His remains were found over a month later in the Red River; his backpack was tied to him and was full of rocks. The coroner determined Sadek died of a gunshot wound to the head, but the range of fire was not determined. No determination was made whether the cause of death was homicide, suicide or accidental. Andrew's parents sued Weber and Richland County, asserting claims of deceit and negligence. They alleged his death was directly related to his role as a confidential informant. The North Dakota Supreme Court determined that due to the lack of available evidence to suggest how, when, or even where Andrew died, a conclusion that his death was proximately caused by Defendants’ acts or omissions would be based on speculation. Therefore, summary judgment was appropriate and the district court did not err. View "Sadek, et al. v. Weber, et al." on Justia Law

The North Dakota Department of Transportation appealed a district court judgment reversing a hearing officer’s decision suspending Brandon Jorgenson’s driving privileges for 180 days. The Department argued the court erred in determining that, regardless of whether Jorgenson raised a proper objection at the administrative hearing regarding the omission of the phrase “directed by the law enforcement officer” from the implied consent advisory, the court could reverse the hearing officer’s decision if its findings of fact were not supported by the preponderance of evidence. The North Dakota Supreme Court found it was undisputed in this case that the deputy omitted the phrase “directed by the law enforcement officer” from the implied consent advisory. Section 39-20-01(3)(b), N.D.C.C., stated, “A test administered under this section is not admissible in any criminal or administrative proceeding to determine a violation of section 39-08-01 or this chapter if the law enforcement officer fails to inform the individual charged as required under [N.D.C.C. § 39-20-01(3)(a)].” In Vagts, 932 N.W.2d 523 (2019), the Supreme Court concluded that “the officer’s omission of the phrase ‘directed by the law enforcement officer’ was a substantive omission and did not comply with the statutory requirements for the implied consent advisory.” Therefore, the Court concluded the district court properly reversed the hearing officer's decision. View "Jorgenson v. NDDOT" on Justia Law

Kylie Oversen, individually and as chairwoman of the Democratic-Non-Partisan League Party of North Dakota, and Jason Anderson, as a candidate nominated by the Democratic-Non-Partisan League Party of North Dakota for the statewide elective office of North Dakota Insurance Commissioner, petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of mandamus to direct Secretary of State Alvin Jaeger to accept and certify Anderson for inclusion on the November 3, 2020 general election ballot for the office of insurance commissioner. Oversen and Anderson argued there was a vacancy on the ballot for that position and Jaeger was required to place Anderson’s name on the ballot as the nominated and endorsed Democratic-NPL party candidate for the office under N.D.C.C. 16.1-11-18(4). After review, the Supreme Court concluded Jaeger correctly applied North Dakota law by refusing to include Anderson on the general election ballot. Therefore, the Court denied the petition. View "Oversen, et al. v. Jaeger" on Justia Law

Kelly Grenz, as personal representative of the Estate of Leo Grenz, appealed orders and judgments partially invalidating the will of Leo Grenz. The district court invalidated a portion of the will resulting from undue influence and gave effect to a portion of a contingent distribution clause the court found was consistent with Leo Grenz’s testamentary intent. After review, the North Dakota Supreme Court found no reversible error and affirmed, concluding the court properly applied the equitable doctrine of partial invalidity. View "Estate of Grenz" on Justia Law

Appellants, the Pederson defendants, appealed after a district court granted summary judgment quieting title to certain mineral interests in appellees, the Muhlbradt plaintiffs. The Pederson defendants argued the court erred in deciding a deed did not except or reserve a future 50 percent interest in the disputed mineral interests to the defendants or their predecessor in interest. They further contended the court erred in relying on division orders to conclude the defendants’ predecessor in interest conveyed the disputed mineral interests. Finding no reversible error, the North Dakota Supreme Court affirmed the district court. View "Muhlbradt, et al. v. Pederson, et al." on Justia Law

The City of West Fargo (the “City”) petitioned the North Dakota Supreme Court for a supervisory writ to direct the district court to vacate a pretrial order requiring the City to produce at trial the individual (or the “Witness”) who initially inspected and reviewed the installation of the Intoxilyzer 8000 testing device used to administer a chemical breath test to Brady Johnson. The City charged Johnson with driving under the influence following a chemical breath test adminstered by law enforcement using an Intoxilyzer 8000 testing device. Johnson objected to the introduction of the analytical report at trial, arguing cross-examination of the Witness is required under the Confrontation Clause and Rule 707 of the North Dakota Rules of Evidence. According to the City and Johnson, the Witness initially inspected and reviewed the installation of the Intoxilyzer 8000 testing device which was used to administer Johnson’s breath test. She signed two documents entitled, “Intoxilyzer 8000 Initial Inspection” and “Intoxilyzer 8000 Installation and Repair Checkout.” The City responded to Johnson’s objection, arguing the documents signed by the Witness were not testimonial statements under the Confrontation Clause or Rule 707 as to require the City to produce the Witness for trial. The district court ordered the City to produce the Witness at trial. The Supreme Court exercised its supervisory jurisdiction and vacated the district court order, concluding the Witness did not make any testimonial statements under the Confrontation Clause or Rule 707 of the North Dakota Rules of Evidence requiring the City to produce her at trial. View "City of West Fargo v. Olson, et al." on Justia Law

Dennis Thorson appeals from a judgment ordering him to remove a building from Keith Kvande’s property. Kvande owns real property described as Lot 3 in Block 1 of the School Addition to the City of Wheelock, Williams County, North Dakota. In 2012, Thorson purchased a building located in Epping, North Dakota. Kvande and Thorson had multiple discussions about moving the building to Kvande’s property. Thorson claimed they discussed moving the building onto Kvande’s property permanently, but Kvande claimed they only discussed moving the building onto his property for temporary storage. The parties did not have a written agreement about the property or the building. In fall 2012, Thorson had a concrete foundation poured for the building on Kvande’s property and moved the building onto the foundation. Thorson hooked the building up to sewer, water, and electrical service, and he began living in the building. Thorson did not pay Kvande rent or purchase the property. In May 2015 or 2016, Kvande demanded Thorson vacate the property, but Thorson did not leave. Kvande then attempted to evict Thorson from the property. In September 2017, Kvande sued Thorson, requesting the district court order Thorson to remove the building from the property and return the property to its prior state or award him the cost of having the building removed and the property restored. On appeal, Thorson argued laches and equitable estoppel applied and prevented Thorson’s removal from the property. The North Dakota Supreme Court concluded the district court did not err by finding laches and equitable estoppel did not apply and did not preclude the court from ordering the removal of the building from Kvande’s property. View "Kvande v. Thorson" on Justia Law

In June 2000, M.J.W. pled guilty to two misdemeanor offenses. In January 2001, he again pled guilty to a misdemeanor offense. In July 2003, he pled guilty to three misdemeanor offenses. In each of these three criminal cases, the district court sentenced M.J.W. to a suspended jail sentence, a fine, and unsupervised probation. M.J.W. was convicted of additional criminal offenses in October 2003 and August 2004. In October 2019, M.J.W. petitioned the district court under N.D.C.C. ch. 12-60.1 to seal records in each of the five cases. The State opposed M.J.W.’s petitions in the first three cases, arguing that M.J.W.’s subsequent convictions within three years of release from probation barred him from filing the petitions. The State did not oppose M.J.W.’s petitions in the October 2003 and August 2004 cases. The district court held a consolidated hearing on M.J.W.’s petitions in December 2019. At the close of the hearing, the State argued M.J.W. did not qualify for relief under N.D.C.C. 12-60.1-02(1)(a) because he had been convicted of new crimes within three years of his release from probation in each of those cases. The district court found the terms of N.D.C.C. 12-60.1-02(1)(a) to be ambiguous, and applying the rule of lenity, granted M.J.W.’s petitions and sealed the records in all five cases. Upon the State's appeal, the North Dakota Supreme Court determined the district court misapplied the law. Judgment sealing the records was reversed. View "North Dakota v. M.J.W." on Justia Law