On July 5, 2024, several opinions were filed in various legal cases across civil and criminal matters. Below are the highlights of these decisions:
In "East Central Water District v. City of Grand Forks," authored by Lisa K. Fair McEvers, the court clarified that the language "invalid and unenforceable" in N.D.C.C. § 6-09.4-22(2) means an agreement made without the public lending authority as a party is void from the beginning.
In "Dorchester Minerals v. Hess Bakken Investments II," authored by Douglas Alan Bahr, it was determined that a six-year statute of limitations applies to an unleased mineral interest owner's statutory claim for eighteen percent interest on unpaid royalties. Summary judgment is appropriate when uncontroverted facts establish that a reasonable person would have been placed on notice of a potential claim.
In "State v. Lane," authored per curiam, a criminal judgment entered after a jury found the defendant guilty of aggravated assault was summarily affirmed under N.D.R.App.P. 35.1(a)(7).
In "Equinor Energy v. State," authored by Jon J. Jensen, it was held that the North Dakota Tax Commissioner's interpretation of section 57-39.204.5(1), N.D.C.C., is not arbitrary or unjust and does not contradict the plain meaning of the statute.
In "Hovet, et al. v. Dahl, et al." authored by Jerod E. Tufte, to satisfy adverse possession elements, acts must be actual, visible, continuous, notorious, distinct, and hostile to unmistakably indicate exclusive ownership by the occupant.
In "Watts v. State," authored per curiam, a district court order denying an application for postconviction relief was summarily affirmed under N.D.R.App.P. 35.1(a)(2).
In "McCay v. McCay," authored by Jon J. Jensen, findings on material change in circumstances and other factors related to child support were not clearly erroneous.
In "Mwinyi v. State," authored by Jerod E. Tufte, it was emphasized that summary disposition of an ineffective assistance of counsel claim should not be granted without an evidentiary hearing unless there is no supporting evidence provided by the applicant.
In "Fahey, et al., v Cook et al." authored by Douglas Alan Bahr, it was reiterated that issues of fact become issues of law when only one conclusion can be drawn from them.
The case "State v Smith (consolidated w/20240005)" saw Jerod E Tufte affirming sufficient evidence to support conviction on six counts of aggravated assault while clarifying felonious restraint and aggravated assault are not lesser included offenses of forcible gross sexual imposition.
"Belyeu v State" highlighted postconviction relief standards under Strickland v Washington for withdrawing guilty pleas due to ineffective assistance claims.
"Interest of H.J.J.N." saw termination of parental rights summarily affirmed under specific appellate rules.
Lastly in "Fisher v NDDOT", Jerod E Tufte confirmed issuance requirements for temporary operator's permits as basic statutory mandates without requiring service.