Tufte , Justice . [ 1] Timothy Betz appeals from a district court order under N.D. Sup. Ct. Admin. R. 58, prohibiting him from filing any new litigation or documents in existing litigation without first obtaining leave of court. Because we conclude the court did not abuse its discretion in entering the order, we affirm. I [ 2] In 1994, the Emelia Hirsch June 9, 1994, Irrevocable Trust was created. Trust beneficiaries were Emelia Hirsch's three children and ten grandchildren, including...
McEvers , Justice . [ 1] David and Virginia Ceynar appeal from a summary judgment dismissing their breach of contract/covenant and nuisance action against Lonnie Barth and The Ridge at Hawktree Homeowners' Association. Because the district court did not err in ruling that the Association's restrictive covenants were not violated, and because Barth's actions as a matter of law did not unreasonably interfere with the Ceynars' use and enjoyment of their property, we affirm. I [ 2] The...
Per Curiam . [ 1] Ron Montgomery appeals from a criminal judgment following a jury trial for violation of a disorderly conduct restraining order. Montgomery argues insufficient evidence existed to support the guilty verdict. We summarily affirm under N.D.R.App.P. 35.1(a)(3). [ 2] Gerald W. VandeWalle, C.J. Daniel J. Crothers. Jon J. Jensen. Lisa Fair McEvers. Gary H. Lee, D.J. [ 3] The Honorable Gary H. Lee, D.J., sitting in place of Tufte, J., disqualified.
Per Curiam . [ 1] Derek Wisham appeals from a district court order denying his application for post-conviction relief. In his application Wisham alleges the district court in the underlying criminal case should have included good time in calculating his sentence and argues sex offender registration is unconstitutional. We summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7). State v. Trieb, 516 N.W.2d 287 , 292 (N.D. 1994) (a sentencing court goes outside its jurisdiction when...
VandeWalle , Chief Justice . [ 1] William and Rhonda Kulczyk appealed a district court judgment dismissing their complaint seeking to foreclose a mortgage against Tioga Ready Mix Co. The court held res judicata barred the Kulczyks' foreclosure action on the basis of previous litigation between the parties. We reverse and remand, concluding res judicata does not bar the Kulczyks' foreclosure action against Tioga Ready Mix. I [ 2] William and Rhonda Kulczyk sold Tioga Ready Mix, a ready-...
Crothers , Justice . [ 1] Numerous landowners from the Buffalo area appeal from a district court judgment affirming the Department of Health's decision to issue Rolling Green Family Farms an animal feeding operation (AFO) permit. The landowners argue the Department erred by issuing Rolling Green an AFO permit and by failing to reopen the public comment period after Rolling Green provided further information to supplement its permit application. We affirm. I [ 2] In September 2015...
Crothers , Justice . [ 1] Gary and Glory Kramlich appeal, and Robert and Susan Hale cross-appeal, from an order dismissing the Kramlichs' lawsuit against the Hales and various entities, and directing the parties to submit their disputes to binding arbitration. We conclude the district court correctly ordered arbitration of the Kramlichs' claims relating to the operating agreement for Somerset-Minot, LLC, but erred in ordering arbitration of claims relating to Somerset Court Partnership. We...
Kapsner , Justice . [ 1] Arthur Langved appeals from a judgment affirming an order of the Industrial Commission to grant Continental Resources, Inc.'s application to terminate existing oil and gas well spacing units, to create new spacing units, and to modify well setback requirements for portions of the Elm Tree-Bakken and Sanish-Bakken pools located in McKenzie and Mountrail counties. Because the Commission regularly pursued its authority and its findings and conclusions are sustained by...
Tufte , Justice . [ 1] Paving District 476 Group; SPCM, LLC; Schuler Repair; Feland Brothers Properties, LLC; Hudye Group LP; and Northern Plains Apartments, LLC (collectively "landowners") appeal from an order dismissing their complaint against the City of Minot. We affirm, concluding the City's alleged failure to give the landowners notice of the full extent of the proposed improvements did not violate the landowners' constitutional due process rights and the landowners' action to...
McEvers , Justice . [ 1] Wesley Cody appeals the district court's order requiring Cody pay $13,455.78 in restitution as part of his sentence in a criminal matter. Cody argues, on direct appeal, that his counsel was ineffective at his restitution hearing. We conclude the record before us does not affirmatively show ineffectiveness of constitutional dimensions, and this issue is more properly pursued in a post-conviction relief proceeding. We therefore affirm, but remand for correction of...
Crothers , Justice . [ 1] Ronald and Sherry Huebner appeal a district court's findings of fact, conclusions of law and order for judgment and judgment denying their request to quiet title in certain Burke County mineral interests. The Huebners argue the district court erred in ruling they did not comply with the notice requirements in the abandoned mineral statutes, N.D.C.C. ch. 38-18.1. We affirm. I [ 2] The Huebners are the current surface owners of property in Burke County and...
Crothers , Justice . [ 1] Kevin Reilly appeals a criminal judgment entered after conditionally pleading guilty to having actual physical control of a vehicle while under the influence of alcohol. Reilly reserved the right to appeal the district court's denial of his motion to suppress evidence and dismiss his case. Reilly argues the district court erred in denying his motion by ruling the stop was a casual encounter and did not violate his Fourth Amendment rights. We affirm. I [ 2] In...
VandeWalle , Chief Justice . [ 1] Matthew Marman appealed the district court's judgment affirming the Department of Transportation's suspension of his driving privileges for 180 days. Because Marman failed to rebut the prima facie evidence of the Report and Notice, we affirm. I. [ 2] Matthew Marman was the driver in a single vehicle crash in the early morning hours of September 17, 2015. Officer Cody Nuenthel of the North Dakota State Patrol responded to the scene of the accident to...
McEvers , Justice . [ 1] F.M.G. appeals the district court's order authorizing involuntary treatment with prescribed medication. F.M.G. argues the district court erred in granting the request to treat her with prescribed medications, because the proper medical providers did not testify at the hearing under N.D.C.C. 25-03.1-18.1(1)(a), and the mandatory certification requirements under N.D.C.C. 25-03.1-18.1(1)(a)(2) were not met. We conclude N.D.C.C. 25-03.1-18.1(1)(a) does not...
Kapsner , Justice . [ 1] Ulises Barrios-Flores appeals from a judgment affirming a Department of Transportation decision revoking his driving privileges for two years for refusing to submit to an onsite screening test of his breath. We conclude a law enforcement officer may request an onsite screening test of a driver's breath based on reasonable suspicion the driver was driving while impaired. We affirm. I [ 2] In June 2015, a law enforcement officer stopped a vehicle driven by Barrios-...
Per Curiam . [ 1] Alan Lee Jessop appeals a district court judgment affirming a Department of Transportation order revoking his driving privileges for 180 days. He argues that revocation of his driving privileges for his refusal to submit to a warrantless blood test violates his right to be free from unreasonable searches and seizures. We summarily affirm under N.D.R.App.P. 35.1(a)(7). Beylund v. Levi, 2017 ND 30, 27, 889 N.W.2d 907 (rejecting application of doctrine of...
VandeWalle , Chief Justice . [ 1] Mid Dakota Clinic appealed a district court's order denying its motion to vacate a satisfaction of judgment. We conclude the district court abused its discretion in failing to vacate the erroneously filed satisfaction of judgment. We reverse. I. [ 2] A default judgment was entered against Sara Livengood in December 2008. In 2012, Mid Dakota Clinic's counsel filed a "Full Satisfaction of Judgment" with the district court. However, this filing contained...
McEvers , Justice . [ 1] Mechele Greene appeals a district court's judgment dismissing her claim without prejudice for failure to serve an affidavit from an expert witness on Gary Matthys, M.D., within three months of commencing the action under N.D.C.C. 28-01-46. We conclude, as to the use of the term "affidavit," N.D.C.C. 28-01-46 is clear on its face; the statute required Greene to serve Matthys with an affidavit from an expert; and Greene has not met the requirements of N.D.C.C....
Kapsner , Justice . [ 1] Kabbah Morris appeals from a district court order denying his application for post-conviction relief. We conclude the district court did not err in concluding Morris failed to establish his attorney's representation fell below an objective standard of reasonableness. We affirm the district court order denying Morris's application for post-conviction relief. I [ 2] On December 19, 2014, Morris pleaded guilty to gross sexual imposition. Morris was sentenced to...
VandeWalle , Chief Justice . [ 1] Ryan Crawford appealed from a district court judgment affirming a Department of Transportation decision suspending his driving privileges for two years. Crawford argues (1) the arresting officer did not have grounds to initially stop his vehicle, and (2) the results of a warrantless blood test should not have been admitted into evidence in the license suspension proceeding. We conclude the arresting officer had a reasonable and articulable suspicion to...
