Borr v. McKenzie County Pub. Sch. Dist. No. 1 , 1997 ND 30 - Civil No. 960157 A daily planner that a principal uses to note parental complaints about a teacher is not a secret personnel file when the principal promptly discusses the complaints with the teacher. The school board's decision not to renew this teacher's contract was not arbitrary, frivolous, or lacking in good faith.
Continental Resources, Inc. v. Farrar Oil Co. , 1997 ND 31 - Civil No. 960328 A horizontal well, authorized by a forced pooling order of the Industrial Commission, that penetrates the subsurface formation of another's oil and gas leasehold within the forced pool is not a subsurface trespass.
Huesers v. Huesers , 1997 ND 33 - Civil No. 960218 Wife's non-violent behavior cannot be considered as mitigating factors in applying the domestic violence presumption.
Nodak Mutual Insurance v. Heim , 1997 ND 36 - Civil No. 960187 An insurer had no duty to defend or indemnify an insured for the insured's continuous pattern of sexual misconduct, which was inextricably linked with the insured's intentional molestation.
Opp v. Matzke, et. al. , 1997 ND 32 - Civil No. 960313 On motion for summary judgment, the trial court's finding that a water well in rural Oliver County has value and subsequently holding co-tenant liable for its costs is affirmed. Trial court's denial of summary judgment to co-tenant's spouse because of lack of jurisdiction is reversed.
Orgaard v. Orgaard , 1997 ND 34 - Civil No. 960274 Holding the trial court's award of spousal support is not clearly erroneous in view of spouse's monthly expenses and limited potential for future employment.
State ex rel. Heitkamp v. Family Life Services, Inc. , 1997 ND 37 - Civil No. 960213 Individual whose First Amendment right to receive ministry is not adequately represented by existing defendants should have been allowed to intervene as a defendant in an action to dissolve two nonprofit corporations with charitable, educational, and religious purposes.
Wishnatsky v. Huey , 1997 ND 35 - Civil No. 960222 The trial court did not abuse its discretion in summarily denying a petition for a disorderly conduct restraining order, because the alleged conduct of the defendant was not the type of intimidating or harassing behavior necessitating a restraining order.
Goter v. Goter , 1997 ND 28 - Civil No. 960123 When a psychological parent and a natural parent each seek a court ordered award of custody of a child, the natural parent's paramount right to custody prevails unless the court finds it in the child's best interest to award custody to the psychological parent to prevent serious harm or detriment to the welfare of the child.
Sailer v. Goodno , 1997 ND 26 - Civil No. 960212 Jury verdict and denial of a motion for new trial summarily affirmed under N.D.R.App.P. 35.1.
February 12, 1997
Bies v. Obregon , 1997 ND 18 - Civil No. 950341 Where no meaningful relief could be provided by answering the question raised by the appellant, the issue was not ripe for adjudication and the appeal was dismissed.
Fankhanel, et al. v. M & H Constr. Co. , 1997 ND 20 - Civil No. 960223 Under Minnesota law, the district court properly dismissed a claim for tortious interference with the contract on summary judgment because defendant was justified in requesting plaintiff's employer make deliveries to it by someone other than plaintiff.
Filler v. Bragg , 1997 ND 24 - Civil No. 960275 On appeal from denial of a motion to vacate, the trial court must give a reasonable time to respond between denial of motion to dismiss and entry of default judgment.
Frafjord v. Ell , 1997 ND 16 - Civil No. 960097 The trial court did not err in treating this action as an original custody determination, not requiring a showing of changed circumstances, when the parents' prior custody stipulation had not been approved or incorporated in a judicial order or decree. The trial court did not abuse its discretion in denying a motion for a new trial or for relief from the judgment under Rules 59 and 60, N.D.R.Civ.P., when the moving party presented no evidence to support his conclusory allegations of misconduct by the trial court and opposing counsel.
In Interest of M.G. , 1997 ND 12 - Civil No. 970005 Order continuing treatment at the State Hospital summarily affirmed under N.D.R.App.P. 35.1(a)(2).
In the Matter of Adams Trust , 1997 ND 19 - Civil No. 960133 Where the parties' pleadings raised inextricably entwined issues about the relationship between a trustee's responsibilities and liabilities as trustee and as guardian to a ward who was a settlor of the trust, the trial court should have decided all of those issues in one proceeding.
KAT Productions, Inc. v. KKCT - FM Radio , 1997 ND 21 - Civil No. 960184 In determining whether there was trademark or tradename infringement, the district court inappropriately granted summary judgment. Whether there is a likelihood of confusion between the designations was a disputed question of fact on the evidence presented to the district court.
Lang v. Lang , 1997 ND 17 - Civil No. 960231 An order on a motion brought under Rule 52(b), N.D.R.Civ.P., for amended findings of fact is not appealable.
Larson v. Kubisiak , 1997 ND 22 - Civil No. 960112 When a motion for new trial is made in the trial court, the moving party is limited on appeal to a review of the grounds presented to the trial court, even if the appeal is also from the judgment itself. There was sufficient evidence to support the jury's verdict finding the defendant, whose vehicle collided with the plaintiff's car, was not negligent.
Peterson v. Peterson , 1997 ND 14 - Civil No. 960203 The trial court's continuation and expansion of grandparent visitation was clearly erroneous because additional visitation was not requested by the grandparents and because substantial visits were ordered over both parents' objections and clearly interfered with their parental choices. The trial court must cautiously impose grandparent visitations under NDCC 14-09-05.1, taking into consideration the parents' constitutional right to raise their child reasonably.
State v. Ertelt , 1997 ND 15 - Criminal No. 960285 A criminal defendant cannot collaterally attack his underlying conviction by way of a motion to correct an illegal sentence.
State v. Goebel , 1997 ND 13 - Criminal No. 960224 Convictions of burglary and preventing arrest summarily affirmed under N.D.R.App.P. 35.1(a)(3).
State v. Jesfjeld , 1997 ND 23 - Criminal No. 960217 An officer's investigatory stop could be based on an objectively reasonable office note that erroneously indicated an individual's probation status.
State v. Klein , 1997 ND 25 - Criminal No. 960146 Defendant was entitled to withdraw guilty plea as a matter of right before binding plea agreement was accepted by the court.
February 3, 1997
Matter of the Estate of Fern L. Brown , 1997 ND 11 - Civil No. 960023 A testamentary group gift of an amount that a decedent's estate may claim under the unified credit of Federal Estate and Gift Tax law unambiguously intended the amount remaining after lifetime and non-probate transfers were taken into account. The trial court's conclusion that the gift was an ambiguous formula gift of the amount up to the full unified credit that left nothing for the will's residual charitable beneficiaries was reversible error.