Justia Government & Administrative Law Opinion Summaries

Articles Posted in North Dakota Supreme Court
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William Kirkpatrick appealed a district court judgment affirming the North Dakota Department of Transportation’s suspension of his driving privileges for one year for driving under the influence. Kirkpatrick argued the Department lacked authority to suspend his driving privileges because the arresting officer failed to forward the results of an analytical blood test report performed at the request of the officer to the Department. The North Dakota Supreme Court concurred: Kirkpatrick’s alcohol-related breath and blood test results needed to be provided to the Department, and without them the Department did not have authority to suspend Kirkpatrick’s driver’s license. The Court reversed the district court’s judgment affirming the Department’s decision suspending Kirkpatrick’s driving privileges for one year. View "Kirkpatrick v. NDDOT" on Justia Law

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The Board of Trustees of the North Dakota Public Employees Retirement System petitioned the North Dakota Supreme Court seeking declaratory relief and a writ of injunction, challenging N.D.C.C. § 54-52-03 and section 41 of S.B. 2015 (2023), enacted by the 68th Legislative Assembly, both of which provided for the appointment of sitting legislators to the Board. The Board claimed the law placing legislators on the Board violated N.D. Const. art. IV, § 6; violated the separation of powers between branches of government and encroached on the powers of the executive branch in violation of articles IV, V and XI of the Constitution; violated the common-law rule against incompatibility of office; and violated the single subject rule of N.D. Const. art. IV, § 13. The Supreme Court concluded section 41 of S.B. 2015 violated article IV, § 13 of the North Dakota Constitution, and invalidated S.B. 2015. Because the constitutional “single subject” rule was dispositive, it was unnecessary to address the Board’s remaining claims. View "Bd. of Trustees of N.D. Public Employees Retirement System v. North Dakota" on Justia Law

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Robert Goff appealed an order denying his request for costs and attorney’s fees relating to the Department of Transportation’s suspension of Goff’s driving privileges. In December 2021, Fargo police officers arrested Goff in an apartment parking lot for being in actual physical control of a vehicle while under the influence of intoxicating liquor. A driveway used to access the parking lot included a sign reading “private property, private drive.” Goff requested an administrative hearing, arguing an ordinance, Fargo Municipal Code § 8-1011, limited the public’s right to access property marked as private without written permission from the owner. The owner of the property, John Goff, testified the parking lot was for tenant parking only. John Goff testified that deliverers and visitors are prohibited from going past the sign to access the parking lot. The hearing officer concluded the ordinance prohibited the public from parking in the private parking lot, but did not limit the public’s right to access the lot. The hearing officer found the public had a right of access to the private lot for vehicular use. The Department suspended Goff’s driving privileges for 91 days, and the district court affirmed. The North Dakota Supreme Court reversed, concluding the hearing officer misinterpreted the ordinance. The case was then remanded for a determination of whether the Department acted without substantial justification requiring an award of costs and attorney’s fees to Goff under N.D.C.C. § 28-32-50(1). On remand, Goff argued he was entitled to costs and attorney’s fees because the Department’s action against him was not substantially justified. Goff claimed a reasonable person would not believe the public had a right to access the private parking lot in light of signage on the property and Fargo Municipal Code § 8-1011. The district court decided the Department acted with substantial justification, and denied Goff ’s request for costs and attorney’s fees. To this, the Supreme Court disagreed, finding the district court abused its discretion in deciding the Department’s proceeding against Goff was substantially justified. The case was remanded for a determination of Goff's reasonable attorney's fees. View "Goff v. NDDOT" on Justia Law

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Andrew Hennessey appealed a district court order dismissing with prejudice his action against the Milnor School District (“District”). The District employed Hennessey as a teacher for the 2021-2022 school year. In October 2021, the District placed Hennessey on paid administrative leave for immoral conduct and conduct unbecoming his position. The District requested Hennessey sign a resignation letter, which would have immediately terminated his employment, salary, and benefits. He declined to sign the resignation letter and requested an administrative hearing. The District then converted Hennessey’s leave from paid to unpaid leave and recommended his dismissal for cause. Hennessey subsequently signed a severance agreement providing him salary through October 2021 and insurance benefits through December 2021, and waiving his rights to challenge the dismissal. He later learned through an open records request that the District’s legal counsel had advised the District in an email, in part, to convert his leave to unpaid to have “some leverage over this guy.” In December 2022, Hennessey filed this action seeking to rescind the agreement’s release and waiver section to allow him to challenge his dismissal. He claimed the District exerted undue financial pressure on him to secure the waiver of his rights to an administrative hearing and to challenge his termination in district court when it converted his paid leave to unpaid leave. The North Dakota Supreme Court affirmed, finding Hennessey failed to allege facts sufficient to support rescinding a contract for undue influence under N.D.C.C. § 9-09-02. View "Hennessey v. Milnor School District" on Justia Law

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The Department of Corrections and Rehabilitation (“DOCR”) petitioned the North Dakota Supreme Court to exercise its original supervisory jurisdiction to direct the Honorable Judge Stacy Louser (hereinafter “district court”) to amend a portion of a criminal judgment imposing probation as part of a sentence for a class B misdemeanor and requiring the DOCR to supervise the probation. The DOCR argued it does not have statutory authority to supervise probation when the underlying charge was a class B misdemeanor. The DOCR requested the criminal judgment be amended to relieve the DOCR from the obligation to supervise the probation. Without deciding whether the district court has the authority to require a defendant to be supervised by the DOCR as part of a sentence imposed for a class B misdemeanor, the Supreme Court concluded the DOCR did have the authority to provide the supervision and declined to exercise supervisory jurisdiction. View "DOCR v. Louser, et al." on Justia Law

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Fritz Opp appealed the dismissal of his case for want of jurisdiction. Opp attempted to appeal a Bureau of Criminal Investigation (“BCI”) decision denying his application for a concealed weapons license under N.D.C.C. ch. 62.1-04. The court held it lacked subject matter jurisdiction because Opp had not complied with the requirements for perfecting an appeal under the Administrative Agencies Practice Act, N.D.C.C. ch. 28-32 (“AAPA”). The North Dakota Supreme Court affirmed dismissal of the action for want of jurisdiction, but modified the judgment to dismiss without prejudice. View "Opp v. Office of the North Dakota Attorney General - BCI CWL Unit, et al." on Justia Law

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Lance Hagen filed a public records request related to a condemnation case he was a party to involving the City of Lincoln and North Dakota Insurance Reserve Fund (“NDIRF”). Hagen sought to determine how the City of Lincoln and NDIRF spent approximately $1.1 million dollars on litigation costs defending the action. NDIRF did not produce all requested records, and the parties sought relief from the district court. Hagen appealed the district court’s judgment that concluded certain documents belonging to NDIRF were exempt from release under the potential liability exception outlined in N.D.C.C. § 44-04-19.1(8). Hagen argued the court abused its discretion by finding NDIRF itself faced potential liability because its members could face potential liability, and because the court discussed the fiscal effect of a disclosure on NDIRF, which Hagen argued exceeded the scope of the North Dakota Supreme Court’s remand order in Hagen v. North Dakota Insurance Reserve Fund, 971 N.W.2d 833. Because the Supreme Court concluded the potential liability exception under N.D.C.C. § 44-04-19.1(8) did not apply to any of the documents determined by the district court to be exempt, the Court reversed. View "Hagen v. N.D. Insurance Reserve Fund" on Justia Law

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A.D. appealed on behalf of her son G.R.D., a court order placing him in the custody of the Division of Juvenile Services (DJS). In September 2022, G.R.D. was charged with committing simple assault on his mother. He was detained at the Grand Forks County Juvenile Detention Center and subsequently adjudicated as a delinquent child. He remained in his mother’s custody and was placed on supervised probation for 12 months and ordered to participate in drug court. In November 2022, G.R.D. was detained based on allegations he violated conditions of probation and committed new offenses. The juvenile court ordered that G.R.D. remain at the juvenile detention center and undergo diagnostic testing. On November 23, 2022, the juvenile court conducted an initial appearance on the probation revocation petition and ordered G.R.D to home detention in the custody of his mother. G.R.D. was alleged to have used methamphetamine within hours of being released into his mother’s custody. On November 28, 2022, the juvenile court conducted a detention hearing and ordered that G.R.D. be detained for again violating his probation. After a detention review hearing on December 27, 2022, the juvenile court found G.R.D. remained a delinquent child and ordered him into the custody of DJS for up to 12 months. The court also ordered DJS to place G.R.D. in a treatment center as soon as possible. A.D. argued the juvenile court erred by granting the DJS custody of G.R.D. instead of her, and the court’s findings were based on stale evidence. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's order. View "Interest of G.R.D." on Justia Law

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Cameron and Danielle Mickelson appealed a district court order granting summary judgment to the City of Rolla and the subsequently entered judgment. Their attorney, Rachael Mickelson Hendrickson, requested records from the City under the state’s open records statute, N.D.C.C. § 44-04-18. The City argued that the district court properly granted summary judgment because, among other things, the Mickelsons failed to give the City notice under N.D.C.C. § 44-04-21.2(3). Finding no reversible error in that judgment, the North Dakota Supreme Court affirmed. View "Mickelson, et al. v. City of Rolla" on Justia Law

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Blue Steel owned an unleased oil and gas interest in the Clarks Creek-Bakken Pool, McKenzie County, North Dakota. In 2012, the Commission pooled all pertinent oil and gas interests in the Clarks Creek-Bakken formation for the development and operation of a spacing unit. That unit—The Jore Federal Spacing Unit—had the capacity for 24 wells. White Butte Oil Operations, LLC operated ten wells that were completed in the spacing unit. White Butte was a company affiliated with Slawson Exploration Company, Inc., and which operated oil wells on the Fort Berthold Indian Reservation. In August 2019, Slawson sent Blue Steel a proposal to participate in four wells, but Blue Steel did not return an election to participate. In October 2019, Slawson sent Blue Steel a proposal to participate in two wells. Blue Steel did not return an election to participate or accept the opportunity to lease. Nor did the record show Reeves Dalton, the co-founder of Blue Steel, or any other person acting on behalf of Blue Steel, contacted Slawson about the invitations. Slawson began the risk penalty process for the six wells. In August 2021, Blue Steel applied to the Commission for an order finding Blue Steel was not subject to a risk penalty because Slawson failed to make a proper invitation to participate and a good-faith attempt to lease. In December 2021, the Commission held a hearing on the application. In February 2022, the Commission issued an order denying Blue Steel’s application, finding Slawson met the good-faith attempt to lease requirement. In March 2022, Blue Steel appealed to the district court, which affirmed the Commission’s decision. On appeal, Blue Steel argued the Commission erred when it concluded Slawson could impose a risk penalty on Blue Steel. In particular, Blue Steel claimed the Commission erred by finding Slawson made a good-faith attempt to obtain Blue Steel’s interest without first providing a proposed lease “containing a primary term, a per-acre bonus, a royalty rate, and other clauses.” After review, the North Dakota Supreme Court affirmed the Commission’s order finding Slawson made a good-faith invitation to lease or participate, and concluding Blue Steel was subject to a risk penalty. View "Blue Steel Oil and Gas v. NDIC, et al." on Justia Law