33 results for 'judge:"Bahr "'.
J. Bahr finds that the district court properly entered criminal judgment after a jury verdict finding defendant guilty of one count of terrorizing. Defendant did not preserve the issue of insufficient evidence because she failed to move for acquittal. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: May 2, 2024, Case #: 2024ND79, Categories: Evidence
J. Bahr finds that the district court improperly granted summary judgment to a business in a matter involving a vehicle which struck a pedestrian in front of the business. The court treated the individual's request to adopt a stipulation as a type of motion which it holds no jurisdiction over. The district court misapplied the law when it treated the request as the motion in question. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: May 2, 2024, Case #: 2024ND81, Categories: Vehicle, Jurisdiction
J. Bahr finds that the district court improperly entered judgment after a jury awarded a total of $175 million of noneconomic damages to individuals and denied a driver's motion for new trial in a wrongful death suit following a DUI matter. A driver alleges he is entitled to a new trial because injured parties and decedents' loved ones improperly referred to alcohol at the trial, despite the court���s prior ruling that evidence relating to his intoxication was not admissible. The award was excessive and the jury improperly speculated as to the damages. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: May 2, 2024, Case #: 2024ND80, Categories: Damages, Wrongful Death
J. Bahr finds that the district court improperly dismissed a complaint after the district court granted summary judgment in favor of a plumbing company. An individual hired the plumbing company to perform a plumbing rough-in in a house built in the 1920s. The individual later discovered leaks and water damage. A genuine dispute of material fact exists as to the source and cause of the leak, therefore the district court erred in granting summary judgment. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: April 4, 2024, Case #: 2024ND53, Categories: Water, Contract
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J. Bahr finds that the district court properly entered summary judgment concerning mineral interest in a subject property. The oil and gas well owner commenced an action for interpleader and quiet title seeking, in part, to quiet title to the interest in the oil, gas and other minerals. The unleased mineral interest owners were not accounting under North Dakota Century Code and failed to establish that the oil and gas well owner was a fiduciary. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: March 18, 2024, Case #: 2024ND46, Categories: Property
J. Bahr finds that the district court properly dismissed a complaint requesting the district court order a company to provide an investor with certain information after the company solicited bids for a project that involved drilling two groundwater monitoring wells as part of a carbon dioxide capture project. The lower court properly entered attorney fees in favor of the company. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: March 7, 2024, Case #: 2024ND44, Categories: Environment, Public Record
J. Bahr finds that the district court properly entered two criminal judgments following a jury verdict finding defendant guilty of one count of promoting a sexual performance by a minor, one count of patronizing a minor for commercial sexual activity and twelve counts of possession of certain materials prohibited. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: March 7, 2024, Case #: 2024ND39, Categories: Evidence, Sex Offender
J. Bahr finds that the district court properly entered criminal judgment after the district court revoked defendant's probation and resentenced her. A search of defendant's residence yielded evidence which led to five counts, including one count of unlawful possession of a controlled substance and one count of endangerment of a child or vulnerable adult. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: February 22, 2024, Case #: 2024ND33, Categories: Drug Offender, Probation, Sentencing
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. 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. 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. 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
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. Bahr finds that the district court improperly sentenced defendant who pleaded guilty to two counts of gross sexual imposition and one count of luring minors by computer. The lower court illegally sentenced defendant by not including his accrued good time when it resentenced him for probation violations. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: January 10, 2024, Case #: 2024ND7, Categories: Sentencing, Sex Offender
J. Bahr finds that the district court improperly entered criminal judgment after defendant conditionally pleaded guilty to delivery of a controlled substance and possession with intent to manufacture or deliver a controlled substance. Defendant had a reasonable expectation of privacy in the rented bedroom and a reasonable officer would not believe the homeowner could consent to a search of the bedroom. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: November 24, 2023, Case #: 2023ND220, Categories: Drug Offender, Search
J. Bahr issues an order to remand a matter to the district court concerning a disorderly conduct restraining order directing a no contact order against an individual for a one-year period. The district court did not make findings of fact to explain the factual basis for granting the disorderly conduct restraining order.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: October 11, 2023, Case #: 2023ND191, Categories: Restraining Order
J. Bahr finds that the district court improperly relied on an interim period when analyzing the best interest factors for the parties' children in a matter of parental responsibility. The parts of the amended judgment awarding primary responsibility and decision making authority were correct, but the part awarding attorney fees is reversed. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: August 17, 2023, Case #: 2023ND156, Categories: Family Law, Attorney Fees
J. Bahr finds that the district court properly dismissed an action with prejudice against the Milnor School District concerning a teacher's employment contract. The teacher failed to allege facts sufficient to support rescinding a contract for undue influence. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: August 2, 2023, Case #: 2023ND147, Categories: Education, Employment
J. Bahr finds that the district court improperly issued an order for revocation of probation entered concerning two specific criminal cases. The panel affirms the orders for revocation in one criminal. However, the court reverses and remands for resentencing in another. The cases in question are drug-related offenses. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: August 2, 2023, Case #: 2023ND144, Categories: Drug Offender, Probation, Sentencing