Justia Civil Procedure Opinion Summaries

In June 2020, the North Dakota Department of Health inspected ND Indoor RV Park, LLC and found several health, safety, and fire code violations. The Park was informed that its 2020 operating license would be revoked unless the violations were corrected. The Park did not address the violations, leading to the initiation of the license revocation process. The Park also requested a renewal of its license for 2021, which was denied due to the existing violations. The Park was allowed to operate until the hearing proceedings were final. The Park later withdrew its request for a hearing, and the Department of Health dismissed the renewal application and closed the case. Subsequently, the Park sold its property.The Park filed a complaint against the State of North Dakota, alleging regulatory taking, deprivation of substantive and procedural due process, inverse condemnation, unlawful interference with business relationships, systemic violation of due process, and estoppel. The State moved for judgment on the pleadings, claiming qualified immunity for individual defendants and lack of subject matter jurisdiction on the takings claims. The district court denied the State’s motion for summary judgment on the takings and due process claims but granted summary judgment on the unlawful interference claim. The remaining claims were dismissed by stipulation.The North Dakota Supreme Court reviewed the case. The court granted a writ of supervision, directing the district court to dismiss counts II and III because the individual defendants were entitled to qualified immunity. The court also directed the dismissal of counts I and IV for lack of subject matter jurisdiction, as the Park failed to exhaust administrative remedies. The court concluded that the Park could not prevail on its substantive and procedural due process claims and that the district court lacked jurisdiction over the takings claims. View "ND Indoor RV Park v. State" on Justia Law

Travis Robinson petitioned to change his last name from "Robinson" to "Monigold," stating that "Monigold" was his and his father's original last name. He included a criminal background check with his petition but did not request a hearing. The district court denied the petition, citing Robinson's failure to prove by clear and convincing evidence that the name change was not intended to defraud or mislead, was made in good faith, would not cause injury to an individual, and would not compromise public safety. The court was particularly concerned with Robinson's extensive criminal history, including convictions for gross sexual imposition and failing to register as a sexual offender. Additionally, Robinson failed to provide notice through newspaper publication as required by statute.Robinson appealed, arguing that his name change request was made in good faith, not to defraud, and did not pose a public safety risk. He emphasized the familial and personal significance of the "Monigold" name and his transparency with the court regarding his criminal history. The North Dakota Supreme Court reviewed the district court's decision for an abuse of discretion.The North Dakota Supreme Court affirmed the district court's decision, concluding that Robinson failed to overcome the presumption that his name change request was made in bad faith, to defraud or mislead, to cause injury to an individual, or to compromise public safety. The court noted Robinson's extensive criminal history and his record of evading sex offender registration requirements. The court found that Robinson did not provide sufficient evidence to prove his request was made in good faith and would not compromise public safety. Therefore, the district court did not abuse its discretion in denying the name change petition. View "In re Robinson" on Justia Law

ICON HD, LLC filed a lawsuit against National Sports Opportunity Partners, LLC (NSOP) and Michael Kuntz. Kuntz, the sole owner of NSOP, was previously a founding member of ICON HD. Kuntz had earlier sued ICON HD and its members, leading to a settlement agreement that included a release of claims. ICON HD later alleged that Kuntz, through NSOP, engaged in actions that harmed ICON HD, including failing to pay for contractor services provided by ICON HD.The District Court of Grand Forks County granted summary judgment in favor of Kuntz and NSOP, concluding that ICON HD’s claims were barred by the settlement agreement and by res judicata. The court found that the settlement agreement’s release terms covered the claims against Kuntz and NSOP, and that the claims were essentially variations of those resolved in the prior litigation.The North Dakota Supreme Court reviewed the case. It determined that the district court erred in applying res judicata because NSOP and Kuntz did not raise it as an affirmative defense in their answer. The Supreme Court also found that the settlement agreement unambiguously released Kuntz from the claims but was ambiguous regarding the release of claims against NSOP. The ambiguity arose from whether NSOP was considered an "unnamed third party" under the settlement agreement’s exception clause.The North Dakota Supreme Court affirmed the summary judgment dismissing the claims against Kuntz, as the settlement agreement clearly released him from such claims. However, it reversed the summary judgment dismissing the claims against NSOP, finding that the ambiguity in the settlement agreement regarding NSOP’s status as an "unnamed third party" required further factual determination. View "ICON HD v. National Sports Opportunity Partners" on Justia Law

Kyle Zittleman and ShanaLea Bibler were married in 2010 and had one child in 2012. They divorced in 2016, with a Wyoming court granting Zittleman primary residential responsibility. Bibler filed motions to modify residential responsibility and child support in 2018 and 2020, but Zittleman retained primary responsibility. Zittleman moved to North Dakota in 2019, and Bibler followed in 2022. In 2023, Bibler again moved to modify residential responsibility, citing her relocation, Zittleman’s alleged non-compliance with a judgment, and the child's worsening demeanor.The Morton County district court held an evidentiary hearing in 2024, limiting each party to two and a half hours for their case. Bibler used all her time before cross-examining two witnesses and argued this violated her due process rights. The district court found no material change in circumstances and denied her motion. Bibler appealed, claiming the time limitation and the court's findings were erroneous.The North Dakota Supreme Court reviewed the case de novo for constitutional claims and under an abuse of discretion standard for procedural matters. The court found that the district court did not violate due process by limiting the hearing time, as both parties were notified and did not object or request additional time. The court also found no abuse of discretion in the time limitation.The Supreme Court upheld the district court's finding that there was no material change in circumstances. The court noted that Bibler's move to North Dakota, Zittleman’s adherence to the judgment, and allegations of alienation did not constitute a material change. The court also found that the district court did not err in omitting a best interests analysis, as it was not required without a material change in circumstances. The Supreme Court affirmed the district court's order denying Bibler's motion to modify residential responsibility. View "Zittleman v. Bibler" on Justia Law

Steven Holte and Sheldon Holte, as co-trustees of the Kermit and Ardella Family Mineral Trust, along with Ardella Holte, filed a lawsuit against Tiah E. Rigby, both individually and as the personal representative of Nathan Holte's estate. The case arose from Nathan Holte's misappropriation of trust income during his tenure as trustee. After Nathan's death, Rigby became the life beneficiary of Nathan's share of the trust income. The Holtes sought to offset Rigby's distribution to recoup the misappropriated funds.The District Court of Williams County, Northwest Judicial District, ruled that the co-trustees could offset Rigby's distribution to recover the misappropriated trust income but could not offset her distribution to recoup non-trust money that Nathan had stolen from Ardella's personal accounts. Rigby appealed, arguing that she should not be held liable for her father's misdeeds, while the Holtes cross-appealed, seeking to offset Rigby's distribution further.The North Dakota Supreme Court reviewed the case. The court held that the co-trustees could not withhold Rigby's distribution to recoup the misappropriated trust income, as Rigby had no personal liability for Nathan's actions, and her beneficial interest vested upon Nathan's death. The court emphasized that the trust agreement required monthly distributions to life beneficiaries and that Nathan's life interest terminated upon his death, making it improper to offset against Rigby's distribution.The court also affirmed the lower court's decision that the co-trustees could not offset Rigby's distribution to recover the non-trust money stolen by Nathan, as Rigby was not involved in the theft and had no personal liability. The case was affirmed in part, reversed in part, and remanded for further proceedings consistent with the opinion. View "Holte v. Rigby" on Justia Law

An unmarried couple, K.L.T. and M.O.J., filed a petition on September 27, 2024, to adopt three children who had been in their care since early 2022. The Cass County District Court denied their petition on October 8, 2024, citing North Dakota Century Code § 14-15-03(2), which the court interpreted as not permitting unmarried couples to jointly adopt. The case was subsequently dismissed.Following the dismissal, K.L.T. and M.O.J. moved for reconsideration on October 14, 2024. Although the district court found them to be suitable adoptive parents, it denied the motion for reconsideration. The court then certified a question to the North Dakota Supreme Court, asking whether an unmarried couple can adopt children under N.D.C.C. § 14-15-03(2), noting the absence of controlling precedent in North Dakota.The North Dakota Supreme Court reviewed whether to answer the certified question. Under Rule 47.1 of the North Dakota Rules of Appellate Procedure, the court has the discretion to answer certified questions of law if they are determinative of the proceeding and if there is no controlling precedent. However, the court determined that answering the certified question would be purely advisory since the petition had been dismissed and the time to appeal had expired. Consequently, there was no existing case that could be resolved by answering the question.The North Dakota Supreme Court declined to answer the certified question and dismissed the proceeding. View "K.L.T. v. NDDHHS" on Justia Law

McKenzie Electric Cooperative, Inc. ("McKenzie Electric") sought a supervisory writ from the North Dakota Supreme Court to direct the district court to vacate its order of recusal, deny the motion for recusal, and reassign the case back to Judge El-Dweek. The case began in November 2019, and in July 2020, Judge El-Dweek disclosed his membership in McKenzie Electric. Discovery continued through 2023, and McKenzie Electric disclosed it was seeking significant damages. In May 2024, the respondents filed a motion for a change of venue due to potential juror bias. Following a hearing, Judge El-Dweek recused himself, citing the appearance of impropriety.The district court's decision to recuse was challenged by McKenzie Electric, which argued that the recusal would cause delays and waste judicial resources. The North Dakota Supreme Court, however, emphasized that the justice system presumes judges impartially apply the law and that having a different judge decide the case does not merit the assertion of supervisory jurisdiction. The court noted that any error in granting or denying recusal could be remedied by appeal.The North Dakota Supreme Court concluded that this case did not present extraordinary circumstances warranting the exercise of its supervisory jurisdiction. The court found that the claimed injustice from the delay was largely unavoidable and could not be remedied by granting the writ. Therefore, the petition for a supervisory writ was denied. View "McKenzie Electric Coop., Inc. v. El-Dweek" on Justia Law

A.K. appealed a disorderly conduct restraining order issued against her. Jennifer Gooss, on behalf of her minor daughter, filed the petition alleging A.K., also a minor, engaged in disorderly conduct. A temporary restraining order was issued, and a hearing was held. After a 30-minute hearing, the district court issued a disorderly conduct restraining order against A.K.The District Court of Mercer County, South Central Judicial District, conducted the hearing. A.K. argued on appeal that she was denied due process because the court's time limit on the hearing deprived her of a reasonable opportunity to rebut the evidence and testify on her own behalf. She also contended that the district court's findings were not supported by the evidence.The North Dakota Supreme Court reviewed the case. The court noted that a district court's decision to grant a restraining order or conduct a hearing is reviewed for abuse of discretion. The court found that A.K. did not object to the 30-minute time limit at the outset of the hearing and did not request additional time. The court determined that the district court did not act arbitrarily or capriciously by setting the time limitations and that A.K. had a reasonable opportunity to cross-examine the petitioner.The Supreme Court also reviewed the district court's findings and concluded that sufficient evidence supported the finding that A.K.'s conduct affected the minor petitioner's safety, security, or privacy. The court held that the district court's findings were not clearly erroneous and that the court did not abuse its discretion in granting the restraining order. The North Dakota Supreme Court affirmed the disorderly conduct restraining order. View "Gooss v. A.K." on Justia Law

Samantha Davis filed a petition for a disorderly conduct restraining order against Richard Romanyshyn in April 2024. The district court granted a temporary restraining order and outlined the hearing procedure, which limited the hearing to 15 minutes unless a full evidentiary hearing was requested. The procedure required the requesting party to file a notice of witnesses and a summary of their anticipated testimony three days before the hearing. If no request was made, evidence had to be presented by affidavit, and affiants had to be available for cross-examination if notified 24 hours before the hearing.Davis did not request a full evidentiary hearing but filed a notice to cross-examine Romanyshyn. Romanyshyn argued he requested a full evidentiary hearing and filed a notice to cross-examine through his answer, but the district court found he did not follow the proper procedure. The hearing was limited to arguments from Davis’s counsel and Romanyshyn, along with Davis’s petition and Romanyshyn’s affidavit. The district court granted Davis a two-year restraining order, later amended to include the parties’ two minor children, conflicting with an existing parental responsibility order.The Supreme Court of North Dakota reviewed the case and concluded that the district court deprived Romanyshyn of a full evidentiary hearing as required by N.D.C.C. § 12.1–31.2–01(1). The court found that the district court relied solely on inadmissible hearsay in Davis’s petition and Romanyshyn’s affidavit, without allowing cross-examination or presenting admissible evidence. The Supreme Court reversed the restraining order and remanded the case for a full evidentiary hearing. The court also noted that any restraining order issued on remand must not conflict with the existing parental responsibility order. View "Davis v. Romanyshyn" on Justia Law

Christine Berger and Brian Repnow were in a decade-long relationship but never married. During their relationship, they accumulated various properties and businesses. In August 2021, Berger filed a lawsuit seeking partition, conversion, promissory estoppel, and unjust enrichment, requesting an equitable division of their accumulated real and personal property or monetary damages. Repnow claimed sole ownership of the properties and requested denial of Berger's claims.The District Court of Mercer, South Central Judicial District, held a two-day bench trial in October 2023. The court granted Berger's partition claim for the Expansion Drive property, awarding her sole ownership, and determined that the other properties and vehicles were solely owned by Repnow. The court also granted Berger's unjust enrichment claim, awarding her $64,000 for her contributions to Repnow's properties, and denied the claims of conversion and promissory estoppel. The court awarded the Dream Girls Boutique business to Repnow and Powerhouse Nutrition to Berger.The North Dakota Supreme Court reviewed the case. The court affirmed the district court's finding that the parties intended to share ownership of the Expansion Drive property and the award of Powerhouse Nutrition to Berger. However, it reversed the decision to award 100% of the Expansion Drive property to Berger, stating that the district court should have considered the parties' respective ownership interests and made an equitable division. The court also found that the district court failed to complete the unjust enrichment analysis and adequately explain the $64,000 award.The North Dakota Supreme Court remanded the case for the district court to determine the parties' respective ownership interests in the Expansion Drive property and make an award consistent with those interests. The court also instructed the district court to complete the unjust enrichment analysis and provide a clear explanation for the $64,000 award if necessary. View "Berger v. Repnow" on Justia Law