Justia Government & Administrative Law Opinion Summaries

James Lowe appealed a decision by Workforce Safety and Insurance (WSI) regarding the denial of his request for continued opioid medication exceeding 90 Morphine Milligram Equivalents (MME) daily. Lowe argued that WSI abused its discretion in denying his request for approval of the medication.The District Court of McKenzie County, Northwest Judicial District, reviewed the case and affirmed WSI's decision. The court found that WSI had not acted arbitrarily, unreasonably, or capriciously in its decision-making process. The court also noted that Lowe's medical provider had not provided sufficient documentation to support the medical necessity for exceeding the 90 MME limit, as required by the new law effective July 1, 2022.The Supreme Court of North Dakota reviewed the case and upheld the lower court's decision. The court found that WSI had conducted a full review of Lowe's request and had properly applied the guidelines governing long-term opioid pain management. The court concluded that WSI did not abuse its discretion in denying Lowe's request for continued opioid medication in excess of 90 MME daily. The court affirmed the district court judgment affirming the managed care binding dispute resolution decision by WSI. View "Lowe v. Workforce Safety and Insurance" on Justia Law

Aksal Group, LLC filed an application with the Minot City Planning Department in July 2023 to vacate the Kyle’s Addition plat and approve a preliminary plat for the Citizens Alley Addition, a new three-lot subdivision. The Kyle’s Addition plat, recorded in 1995, included a single block with a 24-foot public access easement. RMM Properties, which owns adjacent property, objected, arguing that Aksal Group needed their consent to vacate the public alley and that half of the alley would revert to them as the adjacent property owner.The Minot Planning Commission approved Aksal Group’s application under N.D.C.C. § 40-50.1-16, and the Minot City Council subsequently passed a resolution in September 2023 to vacate the Kyle’s Addition plat and approve the preliminary plat for the Citizens Alley Addition. RMM Properties appealed this decision to the District Court of Ward County, North Central Judicial District, which affirmed Minot’s decision.The North Dakota Supreme Court reviewed the case and concluded that N.D.C.C. § 40-50.1-16 was the appropriate statute governing Aksal Group’s application. The court found that Minot’s decision was not arbitrary, capricious, or unreasonable and was supported by substantial evidence. The court also determined that the Kyle’s Addition plat dedicated a public access easement, not a fee title, and that the procedures under N.D.C.C. § 40-50.1-16 were correctly applied. The Supreme Court affirmed the district court’s order, upholding Minot’s decision to vacate the Kyle’s Addition plat and approve the preliminary plat for the Citizens Alley Addition. View "RMM Properties v. City of Minot" on Justia Law

Liberty Petroleum Corporation appealed a judgment affirming North Dakota Industrial Commission (NDIC) orders approving a plan of unitization for the Haystack Butte (Bakken Pool) Unit (HBU) in McKenzie County, North Dakota. Burlington Resources Oil & Gas Co. LP petitioned NDIC for unitized management of the HBU, which would allow drilling without regard to spacing unit boundaries. Liberty, holding federal oil and gas leases and working interests in the HBU, objected to the plan, particularly Article 11.8, which provided for the payment of pre-unitization risk penalty balances from unit production proceeds. Liberty argued this would unfairly take revenue from wells it participated in to satisfy penalties on non-consent wells.The District Court of McKenzie County affirmed NDIC's orders, finding that the plan of unitization was in the public interest, protective of correlative rights, and necessary to increase oil and gas recovery and prevent waste. NDIC concluded that production from the unit area would be distributed to each tract within the unit area, regardless of where it was produced, and rejected Liberty's objections to Article 11.8.The North Dakota Supreme Court reviewed the case and upheld the lower court's decision. The Court found that NDIC did not exceed its authority, misapply the law, or authorize an unconstitutional taking. It held that NDIC's approval of Article 11.8 was consistent with the unitization statutes, which allow for the recovery of risk penalties from unit production. The Court also concluded that NDIC's findings were supported by substantial and credible evidence, including expert testimony from Burlington. The judgment was affirmed, and NDIC's orders were upheld. View "Liberty Petroleum Corp. v. NDIC" on Justia Law

Thomas Zundel attempted to purchase a firearm but was denied due to a 1990 simple assault charge in Jamestown Municipal Court, which was flagged in the National Instant Criminal Background Check System (NICS). The charge was noted as continued for a year pending counseling, with no conviction confirmed. Zundel's voluntary appeal to the FBI was denied because the final disposition of the case was missing. Zundel sought records from various agencies, but none had documentation beyond the initial arrest. He then petitioned the North Dakota Supreme Court for a writ of mandamus to close the case and restore his constitutional rights.The Jamestown Municipal Court and other respondents argued that Zundel had an adequate remedy in federal court, referencing Ross v. Fed. Bureau of Alcohol, Tobacco, Firearms, and Explosives. However, the North Dakota Supreme Court found that a federal suit would not adequately address the state court records issue. The court emphasized the municipal court's duty to maintain accurate records and noted that the missing record should have been retained permanently according to administrative rules.The North Dakota Supreme Court granted the petition in part, ordering the Jamestown Municipal Court to conduct a diligent inquiry to locate or reconstruct the missing record and document the results. The court denied Zundel's requests for declaratory relief regarding the nature of the 1990 charge and his right to possess a firearm, citing a lack of evidence in the record to make such determinations. The court's decision underscores the importance of accurate court records for due process and public accountability. View "Zundel v. City of Jamestown" on Justia Law

The case involves East Central Water District ("East Central") and the City of Grand Forks ("City"). East Central alleged that the City unlawfully curtailed its water service area, violating federal and state laws. East Central sought to declare a water supply and service agreement with the City void from the beginning under a specific North Dakota statute. The agreement, entered into in 2000, was designed to avoid conflict in providing potable water as the City annexed territory in East Central's service area. The agreement was subject to a North Dakota statute that required the public lending authority to be a party to the agreement. However, the Bank of North Dakota, the public lending authority, was not a party to the agreement.The case was initially brought before the United States District Court for the District of North Dakota. The City answered East Central’s complaint and counterclaimed, and brought a third-party complaint against William Brudvik and Ohnstad Twichell, P.C. for legal malpractice in their representation of the City during negotiations and execution of the Agreement. The City then moved the federal district court to certify questions to the Supreme Court of North Dakota on the interpretation of the North Dakota statute.The Supreme Court of North Dakota was asked to answer two certified questions of law: whether the language “invalid and unenforceable” in the North Dakota statute means an agreement made without the public lending authority as a party is (1) void from the beginning or (2) voidable and capable of ratification. The court concluded that the language “invalid and unenforceable” means void from the beginning, and does not mean voidable and capable of ratification. The court reasoned that the statute speaks to the authority to contract on this subject matter, as opposed to the manner or means of exercising one’s power to contract. Therefore, none of the parties were authorized to contract for water services without the public lending authority being a party to the agreement. View "East Central Water District v. City of Grand Forks" on Justia Law

The defendant, Roland Riemers, was found guilty of disorderly conduct by a jury after he pursued a train that was blocking a street for longer than twenty minutes, a violation of a city ordinance. Riemers parked his car near the tracks, approached the train, informed the employees of the violation, and ignited a road flare. Both Riemers and the train employees called the police, and Riemers was subsequently charged.Riemers transferred his case from the Grand Forks Municipal Court to the District Court for a jury trial. He was found guilty of disorderly conduct under the Grand Forks City Code. Riemers appealed, arguing that the court lacked jurisdiction due to procedural errors, that he should have been prosecuted under state law rather than city ordinance, and that the court erred by not instructing the jury about the right to conduct a citizen's arrest. He also argued that no victim was identified and that there was insufficient evidence for a conviction.The Supreme Court of North Dakota affirmed the lower court's decision. The court found that the district court did not lack jurisdiction, as the city was not required to serve the criminal information on Riemers. The court also ruled that Riemers could be prosecuted under city ordinance, as the city's disorderly conduct ordinance did not supersede state law. The court rejected Riemers' argument about the right to conduct a citizen's arrest, as he had waived any claim of error by expressing satisfaction with the jury instructions. The court also found that the criminal information was sufficient to protect Riemers from a subsequent prosecution for the same offense. Finally, the court declined to review Riemers' argument about the sufficiency of the evidence, as he had not moved for a judgment of acquittal at trial. View "City of Grand Forks v. Riemers" on Justia Law

The case involves Jay Jelinek, who was appealing an order denying his motion to suppress evidence and challenging evidentiary rulings made by the district court during his trial. Jelinek was found by a North Dakota Game and Fish Department Warden in a field during deer hunting season. The Warden recognized Jelinek from previous encounters and knew that his hunting privileges were suspended. Jelinek was replacing batteries in a trail camera and stated that he had been sitting in a deer stand with his wife, who had a deer tag, earlier that day. Jelinek moved to suppress evidence gathered during his encounter with the Warden, arguing that he was unlawfully seized and that the Warden did not have reasonable suspicion of criminal activity.The District Court of Grand Forks County denied Jelinek's motion to suppress, finding that he was not subject to an improper seizure prior to his arrest and that the Warden had reasonable suspicion of criminal activity. Jelinek also argued that the court erred in denying his motion for acquittal on one count, as the State's only evidence of guilt was his own statements. He further argued that the court erred in allowing evidence of his criminal history to go to the jury and that his 6th Amendment rights were violated.The Supreme Court of North Dakota affirmed in part and reversed in part. The court found that the district court did not err in denying Jelinek's motion to suppress, as there was sufficient evidence supporting the district court's findings that Jelinek was not unlawfully seized. The court also found that the district court did not err in denying Jelinek's motion for acquittal, as there was substantial independent evidence establishing the trustworthiness of Jelinek's statements to law enforcement. However, the court found that the district court erred in allowing Jelinek's criminal history to be considered by the jury after one count was dismissed. The case was remanded for a new trial. View "State v. Jelinek" on Justia Law

The case revolves around a plea agreement between the State and Michael Brenum in a criminal case. The court ordered a pre-plea presentence investigation (PSI) and combined the change of plea and sentencing hearing. The risk assessment score from the PSI triggered a secondary phase of the assessment, which was referred to the North Dakota Department of Health and Human Services (Department) and Dr. Hein-Kolo. They refused to approve the secondary process of the assessment based on a pre-plea PSI, arguing that the risk assessment process should be used only after a conviction has occurred according to assessment guidelines. The district court held the Department and Dr. Hein-Kolo in contempt for not completing the risk assessment.The Department and Dr. Hein-Kolo petitioned the Supreme Court of North Dakota to exercise its original jurisdiction and issue a supervisory writ, arguing that the district court misinterpreted the law by ordering a risk assessment before acceptance of a guilty plea and that there is no other adequate remedy. They also argued that the issue is not appealable and no adequate alternative remedy exists.The Supreme Court of North Dakota agreed with the Department and Dr. Hein-Kolo, stating that the plain language of the statute gives the Department the authority to approve the secondary process of the risk assessment and the responsibility to perform that secondary process. The court also clarified that a risk assessment is conducted on “a person that committed an offense,” and a person is considered to have committed an offense only after a conviction. The court concluded that the district court may order a PSI at any time, but it may not require the Department to perform the risk assessment other than by its approved process or before the substantive requirements are met. The Supreme Court of North Dakota exercised its supervisory jurisdiction and vacated the district court’s order directing the Department to conduct a pre-plea risk assessment and the order holding the Department and Dr. Hein-Kolo in contempt. View "State v. Thornton" on Justia Law

This case involves a dispute over the ownership of mineral royalty interests in land in McKenzie County, North Dakota. The plaintiff, Petro-Hunt, L.L.C., operates several oil and gas wells on pooled spacing units, which include land owned by the defendant, Greggory Tank. Tank argued that Petro-Hunt had wrongly distributed less than the full well revenues due to him and other defendants based on five assignments executed in 1937.The Supreme Court of North Dakota upheld the district court's decision, concluding that the court correctly determined that the five 1937 assignments burdened Tank’s southwest quarter mineral interest in the subject property. The court further concluded that Tank was not entitled to an accounting under N.D.C.C. § 38-08-09.4(3) and failed to establish that Petro-Hunt was a fiduciary. The court also concluded that Tank did not provide any basis for holding a fiduciary duty exists under the facts and circumstances of this case.The court rejected Tank's argument that he has a statutory right to an accounting under N.D.C.C. § 38-08-08(1) and N.D.C.C. § 38-08-09.4(3), stating that these provisions do not apply to this case. The court further noted that Tank did not demonstrate the Industrial Commission unitized his interests under sections 38-08-09.1 through 38-08-09.16. Therefore, N.D.C.C. § 38-08-09.4(3) and its accounting requirements for a unitized area do not apply in this case.The court's decision affirmed the judgment of the district court. View "Petro-Hunt v. Tank" on Justia Law

The case revolves around Lawrence Weber, who was arrested for driving under the influence of alcohol (DUI). Weber's driving privileges were suspended for 180 days by a North Dakota Department of Transportation hearing officer following his refusal to take a chemical breath test after his arrest. Weber argued that he was not provided with a reasonable opportunity to contact an attorney, which he claimed invalidated the authority of the North Dakota Department of Transportation to revoke his driving privileges.On February 26, 2023, Weber was arrested after an onsite screening test showed a blood alcohol content of .152 percent. Following his arrest, when asked to take a chemical breath test, Weber invoked his Fifth Amendment rights and requested an attorney. Despite being given access to his phone to contact his attorney, Weber made a call to an individual who refused to help him contact his attorney. Weber did not attempt to make further calls or ask for additional time to contact his attorney.The hearing officer found that Weber refused to take the chemical breath test and had a reasonable opportunity to call an attorney. The officer's findings were upheld by the district court. Weber appealed the decision, maintaining that he was not provided with a reasonable opportunity to contact an attorney.The Supreme Court of North Dakota affirmed the judgment of the district court. The court concluded that Weber was provided with a reasonable opportunity to contact an attorney and his right to counsel was satisfied. Weber's claim that he was denied the opportunity to contact an attorney was not supported by the evidence. The court found that the hearing officer's findings were supported by a preponderance of the evidence, and her conclusion that Weber was not deprived of his right to consult counsel was in accordance with the law. View "Weber v. NDDOT" on Justia Law