235 results for 'court:"North Dakota Supreme Court"'.
Per curiam, the North Dakota Supreme Court adopts a hearing panel’s findings and recommended sanctions in an attorney disciplinary board matter. Mark J. Pilch is to be disbarred from the practice of law in North Dakota. Pilch’s license was suspended October 31, 2022, for failing to comply with
continuing education reporting requirements.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: February 22, 2024, Case #: 2024ND35, Categories: Attorney Discipline
J. Crothers finds that the district court properly granted summary judgment in favor of the North Dakota Industrial Commission, acting through the North Dakota Housing Finance Agency concerning a housing development that includes a homeowner’s association. Attorney fees were properly denied. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 22, 2024, Case #: 2024ND32, Categories: Property, Attorney Fees
J. Bahr finds that the district court properly entered judgment dismissing a trust complaint without prejudice after issuing an order concluding the court lacked subject matter jurisdiction. The panel concluded the trusts are required to exhaust their administrative remedies before the North Dakota Industrial Commission prior to bringing their claims in district court. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: February 22, 2024, Case #: 2024ND34, Categories: Trusts, Jurisdiction
j. Crothers finds that the district court properly entered judgment finding defendant guilty of reckless endangerment and terrorizing. Defendant claims that the court was in error by accepting and then rejecting a binding plea agreement, which required him to go to trial on the original charges. Defendant also argues that the district court judge was biased against him and was incorrect in not granting his motion to recuse. The judge stated the evidence would support a jury finding him guilty on all four counts, which led to a motion of recusal, but that comment was made in a hearing which was not in front of a jury. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 22, 2024, Case #: 2024ND29, Categories: Evidence, Plea
J. Crother finds that the district court properly granted an order on a mother's motion to relocate the parties' children to the Minneapolis, Minnesota area. The father argues that the court placed too much significance on the mother's new marriage. Affirmed
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 22, 2024, Case #: 2024ND31, Categories: Family Law
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Jensen finds that the district court properly held that a company breached a contract for deed. The company claimed that the court erred in granting quiet title on two of the three parcels of real property at issue. The matter is also on remand for determination of a reasonable amount of attorney fees. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: February 8, 2024, Case #: 2024ND16, Categories: Property, Attorney Fees
Per curiam, the North Dakota Supreme Court finds that the district court properly dismissed defendant's application for post-conviction relief before an evidentiary hearing was held. Defendant also alleges ineffective assistance of counsel but the court concluded he failed to present competent and admissible evidence which raised an issue of material facts that his counsel’s representation fell below an objective standard of reasonableness. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: February 8, 2024, Case #: 2024ND17, Categories: Ineffective Assistance
J. Bahr finds that the district court properly reversed an administrative law judge's final order that reversed a Workforce Safety and Insurance order awarding temporary partial disability benefits. The matter involves an individual who suffered work-related injuries to his right shoulder and right wrist while using a concrete drill. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: February 8, 2024, Case #: 2024ND26, Categories: Employment
J. Crothers finds that the district court properly determined that a Florida property was valued at $104,000, and used that amount in its calculations in a divorce action. However, the district court was incorrect when it did not include a life estate’s debt in calculating the value of the husband's remainder interest in the farmland. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 8, 2024, Case #: 2024ND20, Categories: Family Law, Property
J. McEvers finds that the district court properly dismissed an administrative appeal for lack of subject matter jurisdiction after BNSF Railway Company applied to the Department of Water Resources to construct a new rail bridge across the Missouri River between Bismarck and Mandan. The appellants failed to perfect their appeal because they did not request a hearing and therefore the court lacked subject matter jurisdiction to hear the appeal. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: February 8, 2024, Case #: 2024 ND22, Categories: Administrative Law, Jurisdiction
J. Jensen affirms in part a district court order granting Wells Fargo Bank’s motion to vacate an order establishing the authority of domiciliary foreign personal representatives and letters testamentary in the matter of the estate of a deceased individual. The lower court was incorrect in determining the Dunn County District Court lacked subject matter jurisdiction regarding an application for foreign probate proceedings. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: February 8, 2024, Case #: 2024ND23, Categories: Wills / Probate
J. Crothers finds that the district court properly dismissed an application for post-conviction for gross sexual imposition in 2017. The application was filed more than two years after his conviction became final and was therefore untimely. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 8, 2024, Case #: 2024ND19, Categories: Sex Offender
J. Bahr finds that the district court properly denied a motion involving an eviction notice. The motion was frivolous and noted that the individual filing "has played games throughout the proceedings," and that he was attempting to relitigate matters previously decided. Attorney fees were properly awarded. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: February 8, 2024, Case #: 2024ND25, Categories: Property, Attorney Fees
J. McEvers grants a motion to dismiss an appeal after a husband and wife prevailed on the causation element of their legal malpractice action
against a law firm. The couple alleged that the firm was negligent in representing them in a quiet title action against the State of North Dakota.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: February 8, 2024, Case #: 2024ND15, Categories: Property, Legal Malpractice
J. Bahr finds that the district court properly dismissed an appeal of a Workplace Safety and Insurance (WSI) order as untimely. The matter stemmed from a workplace injury. An administrative law judge affirmed WSI’s decision, concluding “there was a lack of medical evidence to support those symptoms were caused by the work incident." Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: February 8, 2024, Case #: 2024ND21, Categories: Employment
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief. Defendant pleaded guilty to one count of conspiracy to commit murder. Defendant alleged that he received ineffective assistance of counsel. The application was denied following an evidentiary hearing. Affimed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: January 22, 2024, Case #: 2024ND14, Categories: Murder
Per curiam, the North Dakota Supreme Court finds that the district court properly denied a second application for post-conviction relief after the district court found the application to be a misuse of process. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: January 22, 2024, Case #: 2024ND11, Categories: Habeas
J. Bahr finds that the district court properly held that sufficient evidence in the record supports the court’s decision to terminate parental rights. However, the matter is remanded with instructions for the court to issue an order based only on the evidence received at trial. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: January 22, 2024, Case #: 2024ND9, Categories: Family Law
J. Bahr finds that the district court improperly affirmed a North Dakota Department of Transportation hearing officer’s decision suspending defendant's driving privileges for 91 days. The procedure used by the Department of admitting exhibits into evidence without permitting defendant a meaningful opportunity to examine them, did not provide a fair hearing. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: January 22, 2024, Case #: 2024ND8, Categories: Dui
J. McEvers finds that the district court improperly imposed a new sentence after defendant was charged with two counts of gross sexual imposition, both class A felonies and pleaded guilty. Defendant claims the district court imposed illegal sentences by ordering the two sentences to run consecutively. The matter is remanded for resentencing. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: January 10, 2024, Case #: 2024ND4, Categories: Sentencing, Sex Offender
J. Tufte finds that the district court properly entered judgment following a bench trial on a claim for unpaid legal fees and counterclaim. Defendant individual claimed a firm breached the terms of the fee agreement and committed fraud or deceit. The judgment was properly entered and the matter is remanded for findings on a reasonable amount of attorney fees for this appeal. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: January 10, 2024, Case #: 2024ND2, Categories: Fraud, Attorney Fees
J. McEvers dismisses an appeal for lack of jurisdiction in a matter in which the state appealed the transfer of a matter to juvenile court. The juvenile was charged with six counts of gross sexual imposition. The matter was properly transferred following an update to the definition of "child" under North Dakota House Bill 1160.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: January 10, 2024, Case #: 2024ND1, Categories: Juvenile Law, Sex Offender