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North Dakota Supreme Court releases opinions on February 27

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Friday, February 28, 2025

North Dakota Supreme Court releases opinions on February 27

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Justice Lisa Fair McEvers | North Dakota Supreme Court Website

The North Dakota Supreme Court released several opinions on February 27, 2025. In the case of State v. Plentychief, the court denied a motion to reconsider an order of dismissal.

In Disciplinary Board v. Spencer, an attorney suspension was addressed without additional commentary.

The case Higgins, et al. v. Lund, et al., involved an appeal in civil matters concerning oil, gas, and minerals. Justice Jon J. Jensen authored the opinion which clarified that a judgment addressing all claims is appealable and discussed contract interpretation under N.D.C.C. § 9-07-06. The opinion also noted that a Duhig problem does not arise under certain conditions involving undivided land interests.

Hoistad v. NDDOT focused on administrative procedures related to chemical breath tests conducted by the Department of Transportation. Justice Douglas Alan Bahr stated that if compliance with approved methods for test accuracy is not established, expert testimony must be used to prove fair administration.

In Anderson v. Foss, et al., issues related to child support were examined by Justice Jon J. Jensen who found no abuse of discretion in setting the commencement date for new obligations and ruled on health insurance reimbursement requests.

State v. Williams dealt with a Brady violation claim where Justice Daniel John Crothers outlined the requirements for proving such violations and addressed issues regarding due process rights related to prosecutorial misconduct.

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