Matrix Properties v. TAG Investments, 2002 ND 86 As part of the enforcement of a judgment for specific performance of the conveyance of land, a purchaser may proceed by ancillary motion after the trial court has ordered the transfer of the land under N.D.R.Civ.P. 70 to recover costs, attorney fees, and damages for the seller's delay in conveying land.
May 14, 2002
Cass Co. Joint Water Resource District v. 1.43 Acres of Land, 2002 ND 83 A condemnation action is purely in rem, and does not require acquisition of in personam jurisdiction over the owners of the land. Tribal sovereign immunity does not bar a condemnation action in state court involving land which is owned in fee by the tribe and which is not reservation land, allotted land, aboriginal land, or trust land. Once the federal government removes restraints on alienation of Indian land by granting a fee patent to a private party, the land does not become inalienable again under the Federal Nonintercourse Act, 25 U.S.C. 177, when it is purchased in fee by an Indian tribe. Estate of Hass, 2002 ND 82 The trial court's decision whether to remove a personal representative for cause will not be set aside on appeal absent an abuse of discretion. If an estate inventory is filed with the court, the personal representative is required to provide a copy only to interested persons who request it. The trial court may award attorney fees for legal services in a will contest if the proceedings benefit the estate as a whole. Harger v. Harger, 2002 ND 76 When a motion seeking modification of a child support order is brought within one year after its entry, the movant has the burden of demonstrating a material change in circumstances and the burden of presenting sufficient evidence to justify modification under the child support guidelines. A remedial sanction for contempt of court is appropriate for a willful failure to comply with a court order directing compliance with the provisions of a divorce decree. Interest of J.R., 2002 ND 78 A child is deprived if clear and convincing evidence shows the child is without the proper parental care necessary for the child's physical, mental, or emotional health, or morals, and the deprivation is not due primarily to the lack of financial means of the child's parents or guardians. Knoll v. N.D. Department of Transportation, 2002 ND 84 If a person intentionally or unintentionally provides false information to an operator attempting to follow the State Toxicologist's approved methods for a chemical test, the person cannot challenge the foundation for admissibility of the test results on the ground that the false information resulted in the approved methods not being followed. The outcome of a related criminal prosecution for driving under the influence is not relevant in an administrative proceeding to suspend a driver's license. Luallin v. Koehler, 2002 ND 80 The requirements for registration of securities and dealers under the North Dakota Securities Act apply only to securities which are sold or offered for sale in this state and only to dealers or agents who offer for sale or sell any securities within or from this state. For purposes of liability for selling securities in violation of the North Dakota Securities Act, what constitutes participation or aid in any way in making a sale of securities is determined upon the facts of each case. Fraud must be proved by clear and convincing evidence, and that higher burden of proof should be considered by the trial court in determining whether there exists a genuine issue of material fact as to fraud. Peters-Riemers v. Riemers, 2002 ND 72 When the state constitution was adopted in 1889 there was no common law or statutory right to a jury trial in divorce actions, and, therefore, N.D. Const. art. I, sec. 13 does not provide a right to a jury trial in divorce actions. Failure to provide truthful and accurate financial information to a potential spouse upon entering a premarital agreement is sufficient ground to render the agreement unenforceable. N.D. Const. art. XI, sec. 23, providing that a woman's property, upon marriage, remains her separate property and is not liable for the debts of her husband, is not part of our divorce law and has no application to the division of marital assets in dissolving a marriage. Shiek v. N.D. Workers Compensation Bureau, 2002 ND 85 When a claimant receives a prior and a subsequent permanent impairment award, the overall number of weeks the claimant is entitled to receive for both the prior and subsequent impairments is the number of weeks that corresponds to the combined value of the prior and subsequent impairments on a whole body basis. State v. Disbrow, 2002 ND 73 The defendant's conviction on multiple counts of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(1). State v. Paul, 2002 ND 75 The trial court's judgment of conviction for the unauthorized use of a motor vehicle is summarily affirmed under N.D.R.App.P. 35.1(a)(2). State v. Steiger, 2002 ND 79 When sufficiency of the evidence is challenged, the evidence is examined in the light most favorable to the verdict to see whether a rational trier of fact could have found the essential elements of the crime were established beyond a reasonable doubt. In a criminal case tried without a jury, the trial court need only make a general finding of guilty or not guilty. Uren v. Dakota Dust-Tex, Inc., 2002 ND 81 Absent an express agreement to the contrary, a tenant is an implied co-insured under the landlord's property insurance policy, and the insurer may not seek subrogation against the tenant for damages caused by the tenant's negligence. Ordinary negligence is not a "willful act or misconduct" under a lease provision requiring the tenant to continue paying rent if the building is destroyed by the "willful act or misconduct" of the tenant. A landlord who receives insurance payments exceeding the actual value of the damages allegedly caused by the tenant's negligence cannot recover against the tenant for "uninsured losses." Attorney travel expenses to attend a pretrial product inspection are not recoverable as costs or disbursements. Whiteman v. State, 2002 ND 77 A defendant cannot be required to demonstrate how his appeal would have been successful in order to establish that he was prejudiced by his attorney's failure to pursue a requested appeal. If the evidence raises a reasonable inference of ineffective assistance of counsel, an evidentiary hearing on a post-conviction claim of ineffective assistance of counsel is required. Wilson v. Velva Rental Housing, Inc., 2002 ND 74 Summary judgment dismissing contract claim is summarily affirmed under N.D.R.App.P. 35.1(a)(6).