Crothers , Justice . [ 1] Western Petroleum, LLC, and Maxum Petroleum Operating Company, Inc., doing business as Pilot Logistics Services, appeal from a district court order affirming their appeal of the Williams County Board of County Commissioners' decision to penalize Pilot for violating the county's temporary housing regulations. We reverse and remand because the Board unreasonably interpreted the regulations. I [ 2] In September 2011 the Williams County Board of County...
Crothers , Justice . [ 1] The Department of Transportation appeals a judgment reversing the Department's decision to suspend Kristin Jones' driving privileges for 180 days. The Department argues the district court erred by reversing the hearing officer's decision on grounds not identified in her specifications of error. Because the basis for the district court's decision was not raised in the administrative hearing, we reverse the judgment and reinstate the administrative decision. I [...
SANDSTROM , Justice . [ 1] Dean Karna appeals the judgment entered on conditional pleas of guilty to the charges of possession of a controlled substance and possession of drug paraphernalia. The issue is whether the district court erred in denying Karna's motion to suppress evidence obtained by law enforcement while searching his home without a warrant. We affirm. I [ 2] In 2015, a McLean County Sheriff's dispatcher received a phone call from Karna's brother stating Karna told him he...
CROTHERS , Justice . [ 1] Charles Russell appeals from the judgment entered after a jury found him guilty of possessing drug paraphernalia. Russell argues the district court erred when it granted the State's motion in limine preventing him from cross-examining the arresting officer about a pending criminal charge, and evidence was insufficient to prove beyond a reasonable doubt Russell possessed drug paraphernalia. We affirm. I [ 2] Russell was a passenger in a car stopped by Corporal...
SANDSTROM , Justice . [ 1] Jesse Koehly appeals the district court judgment affirming a North Dakota Department of Transportation hearing officer's order suspending his driving privileges for 180 days. Koehly argues the implied consent law as to breath tests violates the state and federal constitutions, he cured his refusal, and the police officers violated his limited right to counsel. We affirm. I [ 2] In July 2015, a Dickinson police officer arrested Koehly for driving while...
PER CURIAM . [ 1] Steve Michael Beylund was arrested for driving under the influence and consented to a warrantless blood test incident to his arrest. The district court denied his motion to suppress the results of the warrantless blood test and he conditionally pled guilty under N.D.R.Crim.P. 11(a)(2) to driving under the influence, reserving his right to appeal the court's order denying his motion to suppress. [ 2] In State v. Beylund, 2015 ND 27, 1, 861 N.W.2d 172 , we summarily...
PER CURIAM . [ 1] Christopher David Harns was arrested for driving under the influence and consented to a warrantless chemical blood test. The district court denied Harns' motion to suppress the results of the blood test, and he conditionally pled guilty to driving under the influence, reserving his right to appeal the order denying his motion to suppress. [ 2] In State v. Harns, 2015 ND 45, 861 N.W.2d 173 , we summarily affirmed Harns' conviction, concluding our implied consent and...
PER CURIAM . [ 1] A Stark County deputy sheriff stopped Kyle Baxter's vehicle after observing the vehicle with frost on the windshield weaving, being driven in the opposite lane of traffic, and almost hitting the curb. The deputy noticed a very strong odor of alcohol on Baxter and that he was lethargic and slow to respond to questions. After Baxter failed a field sobriety test, the officer read Baxter the implied consent advisory and asked him to take an onsite screening breath test. Baxter...
PER CURIAM . [ 1] Sandy Lee Mangelsen appeals from a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. Mangelsen argues the district court's order was not supported by clear and convincing evidence. Because the findings of fact were not clearly erroneous, we summarily affirm under N.D.R.App.P. 35.1(a)(2). [ 2] GERALD W. VANDE WALLE, C.J., CAROL RONNING KAPSNER, LISA FAIR McEVERS, DANIEL J. CROTHERS, and DALE V. SANDSTROM, JJ.,...
SANDSTROM , Justice . [ 1] Sixteen Minot residents living near First Western Bank and Trust appeal from a judgment dismissing their appeal from a Minot City Council decision granting the Bank's application for zoning variances. The residents argue the district court erred in ruling they lacked standing under N.D.C.C. 40-47-12 to appeal the City Council's decision granting the variances. We conclude the court erred in applying N.D.C.C. 40-47-12 to rule the residents lacked standing to...
SANDSTROM , Justice . [ 1] Benjamin Garcia appeals from a district court judgment affirming a Department of Transportation hearing officer's decision revoking his driving privileges for 180 days. We conclude a police officer's initial approach of Garcia's parked vehicle was not a seizure and a reasonable and articulable suspicion supported the officer's further investigation. We also conclude North Dakota's test refusal statute and implied consent laws are not unconstitutional as applied...
CROTHERS , Justice . [ 1] Robert Peterson appeals from a district court order finding him in contempt of court for failing to pay spousal support. Robert Peterson argues the district court erred finding him in contempt, not modifying the spousal support obligation and awarding attorneys fees. The district court order is affirmed. I [ 2] Robert and Vineca Peterson divorced in 1996. The district court ordered Robert Peterson to pay spousal support of $1,500 per month until Vineca Peterson...
SANDSTROM , Justice . [ 1] Justin Baker appeals from the criminal judgment entered after a jury found him guilty of escape. He argues he was denied his Sixth Amendment right to counsel when the district court allowed his appointed counsel to withdraw from the case. We conclude the record does not establish Baker knowingly and intelligently waived his right to counsel, and we reverse and remand for a new trial. I [ 2] While Baker was serving jail time at the Grand Forks County...
KAPSNER , Justice . [ 1] Adrian Williams appeals from a criminal judgment entered after a jury found him guilty of possession of drug paraphernalia, possession of a controlled substance, and two counts of possession of a controlled substance with intent to deliver. Williams argues the district court erred in denying his motion to suppress evidence because the warrantless search of his hotel room violated his Fourth Amendment rights against unreasonable searches and seizures. We affirm. I...
VANDE WALLE , Chief Justice . [ 1] Mark Beaulieu appealed an order denying his motion for new trial following his conviction for refusal to halt. We affirm. I [ 2] As is relevant in this appeal, the State charged Beaulieu with refusal to halt and disorderly conduct. At trial, a police officer testified he saw Beaulieu leaving the scene of a reported disturbance. The officer testified he instructed Beaulieu to stop multiple times. After approaching Beaulieu, the officer testified...
SANDSTROM , Justice . [ 1] Chili Musselman appeals after a jury found her guilty of possession of methamphetamine with intent to deliver. On appeal, she argues a Fourth Amendment violation because the police officers who arrested her did not have reasonable grounds to stop and question her. Because there was reasonable suspicion to stop her, the order denying the motion to suppress was proper, and we affirm the criminal judgment. I [ 2] According to testimony at the suppression hearing,...
McEVERS , Justice . [ 1] Sarah Vogel appeals from a district court judgment dismissing without prejudice her complaint against Marathon Oil Company. Vogel argues her claims should not be dismissed because she has a private right of action for violations of the statute restricting the flaring of gas produced with crude oil from an oil well, N.D.C.C. 38-08-06.4, and she was not required to exhaust administrative remedies. We affirm. I [ 2] Marathon operates the Elk USA 11-17H well in...
KAPSNER , Justice . [ 1] 26th Street Hospitality, LLP ("Partnership") appeals from the district court's order granting a motion to compel arbitration; order lifting a stay in the proceedings, confirming the arbitration award, and awarding post-judgment interest; and final judgment. The Partnership argues the district court erred in ordering arbitration because the court was required to determine the validity of the contract before arbitration could be ordered and not all of the claims and...
VANDE WALLE , Chief Justice . [ 1] Rodney Rogahn appealed from a criminal judgment after he conditionally pled guilty to various drug crimes, reserving the right to appeal an order denying his motion to suppress certain evidence and his request for a Franks hearing. We affirm. I [ 2] The following information comes from the affidavit of probable cause offered in support of a warrant to search Rogahn's residence. On October 23, 2013, a confidential informant ("CI") working with the...
CROTHERS , Justice . [ 1] A father appeals a juvenile court order adopting a judicial referee's decision to terminate his parental rights. The father appeals both the juvenile court order and the judicial referee's order, arguing he was denied due process of law because the guardian ad litem failed to fulfill mandatory responsibilities. The guardian ad litem's failure to interview the father did not violate his constitutional right to due process. The juvenile court order adopting the...
