CROTHERS, Justice. [ 1] American Bank Center ("Bank") appeals from a district court judgment rescinding a $250,000 loan the Bank made to David L. Wiest and requiring Wiest to repay part of a $200,000 loan the Bank made to Wiest for a line of credit. The Bank argues the district court erred in rescinding the $250,000 loan because the court improperly imputed the fraud of the Bank's loan officer, Howard Palmer, to the Bank. The Bank also argues the court erred in finding Palmer had a fiduciary...
VANDE WALLE, Chief Justice. [ 1] Joshua Lavern Charbonneau appealed from a criminal judgment and sentence entered after a conditional plea of guilty to five drug-related felonies and one driving-related misdemeanor. He argues the district court erred in its interpretation and application of the 20-year mandatory minimum sentence provision of the Uniform Controlled Substances Act ("UCSA"), N.D.C.C. ch. 19-03.1. We affirm. I. [ 2] On September 17, 2007, in Rolette County, Charbonneau pleaded...
CROTHERS, Justice. [ 1] C.F.L. Transport, Inc. appeals the district court's judgment granting Pizza Corner, Inc. damages of $12,903.17, interest of $2,434.36, and costs and disbursements. We affirm. I [ 2] A.A. Pizza Corner in Anchorage, Alaska, ordered frozen pizzas, meat, and pizza ovens from Pizza Corner, Inc. C.F.L. was hired to transport the goods from Valley City, North Dakota, to Tacoma, Washington. C.F.L.'s driver, Theodore Bruesch, arrived on July 14, 2006 to pick up the products,...
SANDSTROM, Justice. [ 1] Alman Wong appeals from a district court order dismissing his application for post-conviction relief. We conclude the court erred in summarily dismissing Wong's application. We reverse and remand. I [ 2] In December 2009, Wong pled guilty to gross sexual imposition, a class AA felony, and aggravated assault, a class C felony. Wong was sentenced and a criminal judgment was entered. He did not appeal the judgment. [ 3] On April 12, 2010, Wong applied for post-...
KAPSNER, Justice. [ 1] Terry Sanders appeals from the district court judgment dismissing his claim for enforcement of a deferred compensation agreement with Gravel Products, Inc. We hold Gravel Products complied with the plain and unambiguous language of the deferred compensation agreement, and we affirm. I [ 2] The relevant facts for this case are set forth in Sanders v. Gravel Products, Inc., 2008 ND 161, 2-5, 755 N.W.2d 826 ( "Sanders I" ), and we will repeat them here only as...
SANDSTROM, Justice. [ 1] Michael Walker appeals after a jury found him guilty of robbery. The State cross-appeals the district court's conclusion that Walker's actions do not fit the requirements under the mandatory minimum sentencing statute. We affirm the criminal judgment and hold the State's cross-appeal is not authorized. I [ 2] Daniella Thompson was employed by Minot Junior Golf as the site manager for its charitable gaming operation at the Hooterville Bar in Ruthville, North Dakota....
VANDE WALLE, Chief Justice. [ 1] Robert Johnson appealed from the district court's order summarily dismissing his application for post-conviction relief. Summary dismissal of the application for post-conviction relief was not appropriate because a district court cannot, on its own motion, dismiss an application on the basis of the affirmative defense of res judicata. We reverse and remand for further proceedings. I. [ 2] In 2008, a jury convicted Johnson of two counts of contact by bodily...
SANDSTROM, Justice. [ 1] Billy Joe Valdez Aguero and Joseph Daniel Moncada appeal from criminal judgments entered after a jury found they were each guilty of two counts of murder and two counts of conspiracy to commit murder. We affirm the judgments. I [ 2] At approximately 11:45 p.m. on September 7, 2001, the bodies of Robert Belgarde and his son, Damien Belgarde, were found in a rural area near Grand Forks. Robert and Damien Belgarde each had several gunshot wounds, and Robert Belgarde...
SANDSTROM, Justice. [ 1] The right to initiate and refer laws is part of the fabric of our liberty as North Dakotans. The people of North Dakota—through the state constitution—have reserved to themselves this check on the legislative process. But the people of North Dakota—through the state constitution—have also specified mandatory requirements for the exercise of this right to initiate and refer laws. [ 2] Eric M. Thompson, as Chairman of the Sponsoring Committee of North Dakotans for...
VANDE WALLE, Chief Justice. [ 1] Carl Kannianen appealed from a district court order requiring him and June White to execute quit claim deeds conveying one-half of their interests in certain mineral rights to each other. We affirm, concluding that the parties' prior divorce judgment unambiguously required them to convey a one-half interest in all of their mineral rights, including individually held mineral rights, to each other. I [ 2] Kannianen and White married in 1979. In 1981,...
CROTHERS, Justice. [ 1] Deanne J. Gierke appeals the district court's order denying her motion to compel arbitration. We reverse and remand to the district court for entry of an order compelling arbitration of the dispute because we conclude the district court erred in holding the relevant arbitration provision does not apply. I [ 2] Nicole Schwarz, Steven Schwarz and Christopher Schwarz ("Schwarzes"), the children and beneficiaries of Jodee Schwarz, commenced this action against Deanne...
SANDSTROM, Justice. [ 1] Bradley Peterson appeals a district court judgment awarding spousal support to Teresa Peterson. We affirm the judgment and remand for consideration of attorney's fees for the appeal. I [ 2] Bradley and Teresa Peterson married in November 1996 and had two children together. Bradley Peterson sued for divorce in October 2007. After a trial in March 2009, the district court issued a memorandum opinion and entered the divorce judgment. Teresa Peterson was awarded...
KAPSNER, Justice. [ 1] Susan Bala and RSI Holdings, Inc., appeal from a judgment dismissing their action for damages and declaratory relief based on the State's alleged taking of their property without just compensation in violation of the state and federal constitutions. We affirm, concluding the district court did not err in dismissing Bala and RSI's complaint for failure to state a claim upon which relief can be granted. I [ 2] Bala is the sole shareholder and president of RSI Holdings,...
