The Supreme Court has issued four new opinions.
The summaries are below.
To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.
See other Supreme Court opinions at: https://www.ndcourts.gov/supreme-court/opinions
|
Interest of J.G. 2022 ND 167 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Highlight: An obligation arises from the parties’ contract or the operation of law. A well operator has a statutory obligation to pay royalties to a mineral interest owner whether the interest is leased or unleased. |
|
Kershaw v. Finnson, et al. 2022 ND 165 Highlight: Contradictory testimony is resolved in favor of affirmance on appeal. Wholesale or verbatim adoption of proposed findings of fact and conclusions of law is disapproved. However, wholesale adoption of proposed findings is not reason alone to reverse a court’s decision. Adopted findings will be affirmed if they adequately explain the rationale for the court’s decision and are not clearly erroneous. Parenting time decisions must be made based on the best interests of the child. Absent a reason for denying it, some form of extended summer parenting time is routinely awarded. An evidentiary decision will not be reversed unless the complaining party objected and the court’s decision affects a party’s substantial rights. A successor judge must certify him or herself as familiar with the record under N.D.R.Civ.P. 63 to proceed with a trial or hearing that has been commenced by a judge who cannot complete it. |
|
Sholy v. Cass Cty. Comm’n 2022 ND 164 Highlight: An appeal from a decision of a county commission must be made within thirty days of the decision under N.D.C.C. § 28-34-01(1). The time to appeal commences when the commission votes to approve the decision. |
