SANDSTROM, Justice. [ 1] Daniel Herzig appeals from a judgment entered after a jury found him guilty of criminal trespass, a class B misdemeanor. Under State v. Meyer, 361 N.W.2d 221 (N.D.1985), we conclude this dispute was ill-suited for a criminal action and instead should have been resolved in a civil action because there existed a legitimate dispute as to whether the area upon which Daniel Herzig was alleged to have trespassed was a public road by prescription under N.D.C.C. 24-07-...
PER CURIAM. [ 1] Edward Waslaski, Jr., appealed from a trial court order summarily dismissing his application for post-conviction relief. On appeal, Waslaski argues he received ineffective assistance of counsel and the trial court failed to advise him of his rights under N.D.R.Crim.P. 11(b). [ 2] We affirm under N.D.R.App.P. 35.1(a)(6) and (7); see Ude v. State, 2009 ND 71, 12, 764 N.W.2d 419 (stating a petitioner is not entitled to an evidentiary hearing on his application for post-...
SANDSTROM, Justice. [ 1] Ronald Rowland appeals from a summary judgment declaring that 15 deeds executed in the 1950s covering certain Bowman County property conveyed royalty interests rather than mineral interests, and from an order denying his motion to vacate the judgment. Because the deeds are ambiguous and reasonable differences of opinion exist as to the inferences to be drawn about the grantor's intent from the language of the deeds and the extrinsic evidence presented, we reverse the...
KAPSNER, Justice. [ 1] Paul Ehlen appeals from a judgment dismissing his action against John M. Melvin and LynnDee Melvin ("Melvins") to enforce a purchase agreement, from a judgment for costs, and from an amended judgment. We affirm, concluding the district court's finding the parties did not mutually consent to the purchase agreement is not clearly erroneous. I [ 2] The Melvins own real property in McIntosh County. In February 2011, Kevin Schmitz contacted the Melvins and informed them...
VANDE WALLE, Chief Justice. [ 1] Michael Tresenriter appealed from criminal judgments entered upon a jury verdict finding him guilty of 22 counts of conspiracy to manufacture methamphetamine, two counts of unlawful possession of drug paraphernalia, two counts of possession of a controlled substance, one count of manufacture of a controlled substance, one count of terrorizing, one count of child endangerment, and one count of simple assault. We affirm, concluding Tresenriter failed to properly...
KAPSNER, Justice. [ 1] Hau Tran appeals from a district court order granting Shannon Krueger's motion to modify primary residential responsibility of their child. We affirm, concluding the court's decision to modify primary residential responsibility is not clearly erroneous. I [ 2] Tran and Krueger have one minor child together, who was born in 2001. Both parties allege the other abused drugs in the past. Both parties have drug convictions, and Krueger was incarcerated twice. [ 3] In...
CROTHERS, Justice. [ 1] Karl Moseng appeals a district court judgment granting Lynn Frey and Hartland Mutual Insurance Company's Motions to dismiss Karl Moseng's claims for negligence and negligent infliction of emotional distress. Karl Moseng argues he has legally sufficient claims. We conclude Karl Moseng's claims are legally insufficient, and we affirm. I [ 2] Karl Moseng and his wife Vicki Moseng were employed by Hartland Mutual Insurance Company. Lynn Frey was Vicki Moseng's...
CROTHERS, Justice. [ 1] Sharon Wheeler appeals from a judgment requiring her to pay assessments to defendant Southport Seven Planned Unit Development ("Southport"). We conclude the district court did not err finding Southport had authority to impose assessments against Wheeler as a property owner in Southport, the court did not err finding the amount Wheeler owed Southport and the court did not err in ordering Wheeler to pay Southport costs. We affirm. I [ 2] In August 1997, the Southport...
CROTHERS, Justice. [ 1] William Scott Gagnon III appeals a criminal judgment entered on a conditional plea of guilty to manufacturing marijuana. He reserved his right to appeal the denial of his motion to suppress evidence discovered in his residence. Gagnon argues the evidence was unconstitutionally seized during an illegal warrantless search of his home. We reverse the judgment, remand to allow Gagnon to withdraw his guilty plea and for further proceedings. I [ 2] On May 28, 2010, North...
KAPSNER, Justice. [ 1] Michael Martir appeals and Sandra Hendricksen Martir cross-appeals from a divorce judgment and from the district court's orders on post-trial motions. Both parties challenge the court's decisions on primary residential responsibility, child support, spousal support and marital property distribution, as well as its disposition of the post-trial motions. We affirm, concluding the court's findings of fact are not clearly erroneous and the court did not abuse its...
SANDSTROM, Justice. [ 1] David and Marjorie George appeal from a summary judgment quieting title to gravel, clay, and scoria in a quarter section of land in McKenzie County in Rosalie Veeder. We conclude the district court did not err in granting summary judgment quieting title in Veeder and in denying the Georges' motion to amend their complaint to seek reformation. We affirm. I [ 2] On September 16, 1970, the Georges executed a warranty deed transferring property to Sidney Veeder and...
KAPSNER, Justice. [ 1] Joe Waldock appeals from a summary judgment quieting title to 25 percent of the mineral interests under a tract of land in Mountrail County in the successors in interest of the Estate of William C. Edwardson. Waldock argues the district court erred in deciding a 1954 administrator's deed from Edwardson's Estate to Waldock's predecessor in interest, Clark Van Horn, was equivalent to a quitclaim deed and in deciding the rule for interpreting mineral conveyances from...
SANDSTROM, Justice. [ 1] The successors to the interests of eight siblings of John Q. Nichols ("Goughnour defendants") appeal from a summary judgment in a quiet title action by the successors to the interests of John Q. Nichols ("Nichols plaintiffs") to determine ownership of of the mineral interests in a parcel of land in Mountrail County. The Goughnour defendants claim they collectively own of the mineral interests in the land and the Nichols plaintiffs own of the mineral interests....
CROTHERS, Justice. [ 1] Andrew Thomas appeals the district court's judgment entered after a jury awarded Randall and Shannon Bakke $25,000 plus interest for breach of contract, negligence and fraud. Thomas argues insufficient evidence existed to pierce the corporate veil of D & A Landscaping Company, LLC and hold him personally liable for breach of contract and fraud. Thomas also claims that the district court committed plain error by failing to properly instruct the jury on the burden of...
CROTHERS, Justice. [ 1] Anthony Perales appeals an amended criminal judgment revoking his probation and imposing a sentence of fourteen years incarceration followed by five years supervised probation. Perales argues that the sentence was illegal because the district court lacked authority to impose probation and that fourteen years incarceration is cruel and unusual punishment. We reverse and remand for further proceedings. I [ 2] On March 7, 2006, nineteen-year-old Perales was charged...
VANDE WALLE, Chief Justice. [ 1] Travis Trainor Lutz appealed from a criminal judgment entered after he conditionally pled guilty to the charge of driving under the influence. Because we conclude the State was required to produce at trial the nurse who drew Lutz's blood, we reverse and remand for further proceedings. I. [ 2] In September 2011, Lutz was charged with driving under the influence and submitted to a blood draw, which was conducted by a nurse. The State notified Lutz of its...
KAPSNER, Justice. [ 1] Sarah Pavlicek appeals from a criminal judgment entered after a jury found her guilty of abuse or neglect of a child. We affirm. I [ 2] Pavlicek lived with her boyfriend, their son, Pavlicek's daughter from a previous relationship, and L.B., the boyfriend's daughter from a previous relationship. In October 2010, a teacher at L.B.'s school received a phone call from Pavlicek regarding a mark on L.B.'s face. When L.B. arrived at school, the teacher was suspicious of...
KAPSNER, Justice. [ 1] John Miller and J.D. Miller Farming Association (collectively "Miller") appeal from an order affirming the Walsh County Water Resource District's decision requiring Miller to remove unpermitted dikes from his property located in Forest River Township. We affirm, concluding Miller has failed to establish that the District acted arbitrarily, capriciously or unreasonably, that there is not substantial evidence to support its decision, or that the District is estopped from...
CROTHERS, Justice. [ 1] Robert Hale appeals from a district court order dismissing his action against the State of North Dakota, the Governor of North Dakota in his official capacity, the Director of the Department of Commerce in his official capacity and the Department of Commerce ("State entities"); the Minot City Council members in their official capacities and the City of Minot "(Minot defendants"); and the Minot Area Development Corporation ("MADC") for a declaration that the state and...
VANDEWALLE, Chief Justice. [ 1] Jordan Michael Engelhardt appealed from a domestic violence protection order prohibiting him from having contact with Sara J. Rinas for twenty years. We modify the domestic violence protection order and affirm as modified. I. [ 2] Engelhardt and Rinas, who were never married, have a minor child together. On September 2, 2011, after the relationship ended, Rinas filed a petition for protective relief from Engelhardt. Rinas alleged Engelhardt had been...
