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New opinions: Aug. 27

Highlight: The Supreme Court exercises supervisory jurisdiction only in extraordinary cases to rectify errors and prevent injustice when no adequate alternative remedy exists.

Because the individual who initially inspected and reviewed the installation of the Intoxilyzer 8000 testing device did not make any testimonial statements under the Confrontation Clause or Rule 707 of the North Dakota Rules of Evidence, the City of West Fargo is not required to produce her at trial.

Highlight: Deeds are construed in the same manner as contracts with the primary purpose to ascertain and effectuate the parties’ or grantor’s intent.

Whether a deed is ambiguous is a question of law, which is fully reviewable on appeal.

Kvande v. Thorson 2020 ND 186 Docket No.: 20190356 Filing Date: 8/27/2020 Case Type: REAL PROPERTY Author: McEvers, Lisa K. Fair

Highlight: Laches is the delay in enforcing a person’s rights that disadvantages another, and a party asserting laches must prove he was so prejudiced during the delay that he cannot be restored to status quo.

Equitable estoppel cannot be used to create an enforceable agreement between the parties.

Highlight: A district court’s application of res judicata to claims concerning rights to real property is partially affirmed and partially reversed.

Koffler v. Koffler 2020 ND 184 Docket No.: 20190378 Filing Date: 8/27/2020 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Tufte, Jerod E.

Highlight: A child support obligor’s self-induced reduction in income generally does not constitute a material change in circumstances warranting a modification of a child support obligation.

State v. M.J.W. 2020 ND 183 Docket No.: 20200008 Filing Date: 8/27/2020 Case Type: DRUGS/CONTRABAND Author: McEvers, Lisa K. Fair

Highlight: Section 12-60.1-02(1)(a), N.D.C.C., authorizes an individual to petition the district court to seal a criminal record only when the individual had not been charged with a new crime for at least three years from the date of release from incarceration, parole, or probation.

A district court errs when it grants a petition not authorized by statute.

Highlight: A contract to supply aggregate materials to a county stockpile is not a contract for the “construction of a public improvement” under N.D.C.C. ch. 48-01.2.

The county was not required to obtain a bond from a contractor for a contract to supply aggregate materials to stockpiles under N.D.C.C. § 48-01.2-10.

Gimbel v. Magrum, et al. 2020 ND 181 Docket No.: 20190412 Filing Date: 8/27/2020 Case Type: REAL PROPERTY Author: Crothers, Daniel John

Highlight: A district court judgment determining real estate was not acquired by adverse possession or acquiescence is affirmed.

Instasi v. Hiebert 2020 ND 180 Docket No.: 20200037 Filing Date: 8/27/2020 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: McEvers, Lisa K. Fair

Highlight: A court of this state may modify a child custody determination made by a court of another state if the court of the other state determines it no longer has exclusive, continuing jurisdiction or that a court of this state would be a more convenient forum.

Highlight: Chapter 61-33.1, N.D.C.C., governs the State’s sovereign land mineral ownership of the riverbed segments subject to inundation by the Pick-Sloan Missouri basin project dams and provides a process for determining ownership and returning funds incorrectly paid to the State.

The State does not have any claim or hold title as sovereign lands to any minerals above the ordinary high water mark of the historical Missouri riverbed channel.

When N.D.C.C. ch. 61-33.1 applies to determine ownership of mineral interests, the process provided by the chapter must be followed to decide ownership.