VANDE WALLE , Chief Justice . [ 1] The Department of Transportation appealed, and Casey Washburn cross-appealed, from a district court order reversing the Department of Transportation's revocation of Washburn's driver's license. We affirm. I [ 2] During a patrol, a Jamestown police officer encountered a vehicle parked along a residential street with its door ajar. Upon approaching the vehicle, the officer discovered Washburn asleep in the driver's seat. After waking Washburn, the...
SANDSTROM , Justice . [ 1] Marcus Chatman appeals from a criminal judgment entered after a jury found him guilty of possession of heroin with intent to deliver, possession of cocaine, and possession of marijuana by a driver. Chatman argues the district court should have suppressed evidence because illegally seized evidence was used to establish probable cause for a search warrant. He also argues his Sixth Amendment confrontation and compulsory process rights were violated. We affirm. I [...
CROTHERS , Justice . [ 1] Nathaniel Fleck and Alma Bergmann as trustees of the George J. Fleck Trust ("Fleck") appeal from a summary judgment quieting title to an oil and gas lease in favor of Missouri River Royalty Corp., Exxon Mobil Corp. and Mountain Pacific General, Inc. (collectively "defendants"). We reverse and remand, concluding that the district court misapplied the law in interpreting the lease and that summary judgment was not appropriate. I [ 2] Fleck owns mineral interests...
McEVERS , Justice . [ 1] Blume Construction, Inc. ("Blume") appeals from a district court judgment affirming a Job Service North Dakota decision, finding Blume did not file a valid appeal and the agency's determination assigning Blume a penalty tax rate was final. Blume argues the referee erred in finding Blume's attorney engaged in the unauthorized practice of law and the appeal request the attorney filed was void. We affirm. I [ 2] Blume received a notice of determination from Job...
SANDSTROM , Justice . [ 1] Jon Norberg appeals a district court judgment allowing his former parents-in-law, Robert and Cheri Knorr, to buy back certain real property under an alleged oral lease. He argues the district court erred in concluding the Knorrs established promissory estoppel and constructive trust. We affirm the judgment, concluding the district court's findings of promissory estoppel were not clearly erroneous. I [ 2] In 2004, Robert and Cheri Knorr purchased a lot and...
REPRIMAND ORDERED PER CURIAM. [ 1] Attorney DeWayne A. Johnston objects to a report of a hearing panel of the Disciplinary Board recommending that he be reprimanded, that he refund certain amounts billed to a client, that he complete six hours of continuing legal education, and that he pay the costs and expenses of the disciplinary proceeding in the amount of $8,285.61. We conclude clear and convincing evidence establishes Johnston violated N.D.R. Prof. Conduct 5.3, responsibilities...
VANDE WALLE , Chief Justice . [ 1] Nancy Mathews and Paul Mathews appealed from a judgment determining the ownership and control of certain property in Sargent County. We reverse, concluding the plain language of the 1917 and 1918 right-of-way deeds at issue conveyed easements. I [ 2] In November 2012, the Sargent County Water Resource District ("District") commenced an action seeking declaratory relief regarding the ownership and control of property in Sargent County, including all...
KAPSNER , Justice . [ 1] James Kelly Leno appeals from a judgment affirming a decision of the Department of Transportation to suspend his driving privileges for 91 days. Because we conclude the arresting officer's testimony sufficiently established he performed the required steps listed on the specimen submitter's checklist and Leno received a fair and impartial hearing, we affirm the judgment. I [ 2] On July 31, 2014, Leno was arrested in Burleigh County for driving under the influence...
CROTHERS , Justice . [ 1] Kara and Kent Poppe appeal a district court summary judgment dismissing their conversion claim. We reverse and remand for further proceedings. I [ 2] Undisputed evidence shows the Poppes rented a house from Hillis for five years, until February 4, 2013 when Hillis served them with an eviction notice for unpaid rent. The district court ordered the Poppes to vacate the property by February 20 at 12:00 p.m. and entered a money judgment against them for $1,544...
McEVERS , Justice . [ 1] Patricia Lynn Olson appeals from a judgment affirming a decision of the Department of Transportation to suspend her driving privileges for two years. Because we conclude the Report and Notice form was sufficient to give the Department authority to suspend Olson's driving privileges, and because we reject her constitutional arguments, we affirm the judgment. I [ 2] In the early morning hours of May 16, 2014, Morton County Deputy Sheriff Gordon LeClair provided...
CROTHERS , Justice . [ 1] Lorry Van Chase appeals from a criminal judgment entered after a jury found him guilty of gross sexual imposition. Chase argues the district court erred when it failed to declare a mistrial after witness testimony referenced prior bad acts and when it disallowed evidence of prior consensual sexual acts with the victim. We affirm. I [ 2] In 2013 Chase was charged with one count of gross sexual imposition against Jane Doe in violation of N.D.C.C. 12.1-20-03(1)(...
SANDSTROM , Justice . [ 1] Edward Morales appeals from a judgment entered upon a conditional guilty plea to causing death while operating a vehicle under the influence of alcohol, reserving his right to appeal the denial of his motion to suppress the results of a warrantless blood-alcohol test. Morales argues there was not sufficient evidence to support the district court's decision that exigent circumstances permitted the warrantless blood-alcohol test and N.D.C.C. 39-20-01 and 39-...
CROTHERS , Justice . [ 1] Susan Lundberg, as trustee of the Gabriel J. Brown Trust, appeals from an order granting Greg Holverson summary judgment. We treat Lundberg's appeal as an appeal from a subsequently entered consistent judgment, and conclude we do not have jurisdiction to hear the appeal because the district court has ordered but not yet determined the amount of attorney fees awarded to Holverson. We dismiss the appeal. I [ 2] Holverson sued Lundberg to quiet title to a tract of...
KAPSNER , Justice . [ 1] Robert Hale, doing business as Bullwinkle Builders, Inc., ("Hale") appeals from a district court order affirming a City of Minot Board of Appeals ("Board") decision affirming the denial of Hale's application for a building permit. We conclude that the Board did not act arbitrarily, capriciously, or unreasonably in affirming a City building official's decision to deny the application and that substantial evidence supports the Board's decision. We affirm. I [ 2]...
VANDE WALLE , Chief Justice . [ 1] James Roy Weinmann, Jr. and Kayla Marie Weinmann appealed from a criminal judgment entered upon their conditional pleas of guilty to possession of methamphetamine, possession of a controlled substance (hashish), possession of a controlled substance (marijuana), possession of drug paraphernalia (methamphetamine), and possession of drug paraphernalia (marijuana). The Weinmanns pled guilty after the district court denied their motion to suppress evidence....
McEVERS , Justice . [ 1] The State appeals from a district court order granting Rebekah Maxine Pogue's motion to suppress evidence. We affirm the district court's order because the State did not satisfy its burden to show law enforcement's warrantless search of Pogue's vehicle qualified as a valid inventory search, an exception to the warrant requirement, or that the good faith exception to the exclusionary rule applies. I [ 2] Officer Andrew Langowski, a Watford City police officer,...
CROTHERS , Justice . [ 1] Ronald Olson and Marlys Kjellberg appeal from a summary judgment dismissing their action for damages against Alerus Financial Corporation, Alerus Financial, National Association ("Alerus Entities") and Jayson Menke and from an order denying leave to amend their complaint. We reverse the district court's order denying leave to amend the complaint and remand for further proceedings. We reverse the district court's order granting summary judgment dismissing the...
McEVERS , Justice . [ 1] Dale Sundley appeals from a judgment quieting title to certain real property in favor of Larry and Janice Moody and dismissing Sundley's adverse possession counterclaim. Sundley argues the district court erred in finding he did not acquire ownership of the disputed property by adverse possession and failing to find the boundary of his property was established by acquiescence. We affirm. I [ 2] Sundley and the Moodys own adjacent real property in Burke County in...
VANDE WALLE , Chief Justice . [ 1] Neal and Bonnie Messer appealed from a district court judgment and order granting defendants summary judgment and dismissing their claims under theories of strict products liability and negligence against JB's Welding. We reverse and remand. I [ 2] The Messers owned a building located in close proximity to a building owned by Steve Forster and Daniel Krebs. An explosion occurred in the Forster/Krebs building and subsequently damaged the Messers'...
