Burlington Northern v. Fail
, 2008 ND 114,
751 N.W.2d 188
The area of land covered by the easement, servitude, or nonappurtenant restriction on the use of real property shall be properly described and shall set out the area of land covered by the interest in real property.
A reservation must be clearly expressed in a deed and described with enough certainty so it can be identified as to its location.
Matter of Barrera
, 2008 ND 25,
744 N.W.2d 744
Involuntary civil commitment of a sexually dangerous person is reviewed under a modified clearly erroneous standard of review.
Under the statute for committing a sexually dangerous person, proof of a nexus between the requisite disorder and dangerousness encompasses proof that the disorder involves serious difficulty in controlling behavior and suffices to distinguish a
dangerous sexual offender whose disorder subjects him to civil commitment from the dangerous but typical recidivist in a criminal case.
Riemers v. State
, 2007 ND App 3,
738 N.W.2d 906
Factual assertions in a brief do not raise an issue of material fact satisfying Rule 56(e) for purposes of resisting a motion for summary judgment.
A party asserting a constitutional claim must do more than submit bare assertions and must bring up the heavy artillery or forego the claim.
State v. Altru Health Systems
, 2007 ND 38,
729 N.W.2d 113
The district court's inquiry in proceedings for enforcing an administrative subpoena is limited to whether: (1) the subpoena is within the statutory authority of the agency; (2) the information sought is reasonably relevant to the inquiry of the
administrative proceeding; (3) the subpoena is reasonably specific; and (4) the subpoena is not unduly broad or burdensome.
A court's decision to issue a protective order imposing restrictions on an administrative subpoena is reviewed for an abuse of discretion.
Brown v. State Board of Higher Education
, 2006 ND 60,
711 N.W.2d 194
A university student with a grievance against the university is required to exhaust the university's internal procedures, provided by the university's policies, for handling such grievances prior to bringing a claim in court.