Justia Government & Administrative Law Opinion Summaries

Several landowners whose land abuts navigable waters appealed the grant of summary judgments in favor of the State. The judgment held that the State owned the mineral interests under the land in the shore zone. Upon review of the dispute, the Supreme Court concluded that indeed the State owned the mineral interests under the shore zone of navigable waters since becoming a State in 1889 under the equal footing doctrine, and that N.D. Const. art. X, sec. 18, precludes construing the language now codified in N.D.C.C. 47-01-15 as a gift of the State's mineral interests under the shore zone to the upland owners. "If the chain of title reflects the State granted its equal footing interests to upland owners, those upland owners take to the low watermark, subject to the public trust doctrine and except where the deed provides otherwise. If the State is not in the chain of title for the upland owner's property, the anti-gift clause precludes construing N.D.C.C. 47-01-15 as a gift of the State's equal footing interests to upland owners." View "Reep v. North Dakota" on Justia Law

Warren Parsons appealed a judgment affirming a Workforce Safety and Insurance Fund ("WSI") decision that denied his claim for workers' compensation benefits. Parsons applied for workers' compensation benefits from WSI, alleging he sustained an injury to his left shoulder and neck while working for Ames Construction. He claimed he developed pain at the base of his neck and into his left shoulder from hitting the seat belt repeatedly while driving the dump truck on rough roads. Parsons argued his cervical spine and left shoulder injuries were "compensable injuries" by law. Upon review, the Supreme Court concluded WSI erred in determining Parsons' injury was not a compensable injury and in denying his claim for benefits. View "Parsons v. WSI" on Justia Law

Richard Dahm appealed a district court judgment affirming the decision of the Stark County Board of County Commissioners to deny his application for a zoning change and a preliminary plat approval. After review of the decision, the Supreme Court affirmed, holding the County Board's decision to deny the application and institute a six-month appearance prohibition was not arbitrary, capricious, or unreasonable. View "Dahm v. Stark County Board of County Commissioners" on Justia Law

The North Dakota Department of Transportation appealed the district court's judgment reversing the administrative hearing officer's decision to suspend Dante Pesanti's driving privileges for 180 days for driving under the influence of alcohol. After review of the matter, the Supreme Court concluded reasonable minds could have concluded the administrative hearing officer's finding that the arresting officer had a reasonable and articulable suspicion that Pesanti had committed a violation is supported by the weight of the evidence on the entire record. Therefore, the Court reversed the district court's judgment and reinstated the administrative hearing officer's decision to suspend Pesanti's driving privileges. View "Pesanti v. N.D. Dep't of Transportation" on Justia Law

Workforce Safety and Insurance ("WSI") appealed a district court's judgment reversing an administrative law judge's ("ALJ") order, which affirmed WSI's order denying Ronald Kershaw's work injury claim. Upon review of the facts of this case, the Supreme Court concluded the district court erred in reversing the administrative law judge's order. The ALJ's decision was reinstated. View "Kershaw v. WSI" on Justia Law

Shealeen Hillerson, as "best friend" to T.D., a minor child, and T.D. appealed from a summary judgment dismissing their negligence lawsuit against the Missouri Valley Family YMCA for injuries T.D. suffered in a near-drowning accident while participating in a YMCA summer program. Because the Supreme Court concluded that the waiver of liability signed by T.D.'s mother was ambiguous, a question of fact existed as to the intent of the parties. Accordingly, the Court reversed the grant of summary judgment and remanded the case for further proceedings. View "Hillerson v. Bismarck Public Schools" on Justia Law

North Dakota Initiated Constitutional Measure 2, which would have abolished property taxes, was disapproved by the voters in the June 2012 primary election. Empower the Taxpayer ("Empower"), Charlene Nelson, and Robert Hale supported Measure 2. Before the election, Empower, Nelson, and Hale brought this action against numerous state and local government officials and other entities alleging violations of the Corrupt Practices Act, and sought injunctive relief, including prohibiting the defendants from "advocating any position on Measure 2" and declaring the defendants "no longer eligible to run for public office." The County Defendants sought sanctions against the plaintiffs and their attorney under N.D.R.Civ.P. 11, alleging the action against them was frivolous and that it had been brought for an improper purpose. The action was ultimately dismissed by the district court, and the Supreme Court affirmed on appeal. After the action was dismissed, the district court considered the County Defendants' motion for sanctions, concluding a competent attorney could not in good faith have believed that a cause of action existed against the County Defendants. The court therefore ordered reasonable attorney fees and costs for defending against the action and that the plaintiffs prepare a written retraction of their allegations of corruption and impropriety to be published in the major newspapers of the state. Upon review of the sanctions issue, the Supreme Court concluded the district court's orders did not provide an adequate explanation of the evidentiary and legal basis for its decision; the Court was unable to adequately understand the basis for the court's decision to review on appeal. Therefore, the case was reversed and remanded to the district court to clarify its opinion. View "Empower the Taxpayer v. Fong" on Justia Law

In February 2003, the City of Marion brought a nuisance action against Larry Alber, seeking the removal and proper storage of abandoned vehicles on his property. In that case, the district court found the vehicles were a public nuisance and ordered they either be removed or be lawfully maintained. In October 2012, the City brought a contempt proceeding against Alber, alleging his property failed to conform with the 2003 judgment. Alber testified at a contempt hearing, claiming he believed the prior order had been satisfied in 2003 when he crushed almost 60 vehicles and hired an attorney to send the City a letter to ensure compliance. He testified there was no response from the City until he received a letter in June 2012 asking him to clean up his property. After receiving the letter, Alber informed the town board members he had suffered a rotator cuff injury and his doctor had not yet cleared him for physical work, so he would be unable to do the necessary clean-up until August. He testified that on August 25 he contacted a Jamestown company to rent a crusher and that during the fall, four semi-loads of cars were removed from his property and crushed. Finding that the district court did not abuse its discretion in finding Alber in contempt, the Supreme Court affirmed. View "North Dakota ex rel. City of Marion v. Alber" on Justia Law

Matthew Graham appealed a district court order that denied his petition for discharge from civil commitment as a sexually dangerous individual. After careful consideration, the Supreme Court reversed and remanded, concluding the district court erred in extending res judicata in this case to the question whether a committed individual has a congenital or acquired condition manifested by a sexual disorder, personality disorder or other mental disorder or dysfunction. View "Interest of Graham" on Justia Law

Stark County appealed the dismissal of its case against the defendant vehicle and third-party defendant Ryan Strozzi. Stark County Road Superintendent Al Heiser was notified that an excavating machine was being used in a Dickinson subdivision. Heiser went to the subdivision and saw Ryan Strozzi loading an excavator onto a low-boy trailer. Heiser believed the tractor trailer unit carrying the excavator would exceed the 5-ton per axle and 60,000 pound maximum weight restrictions applicable to the roads leading out of the subdivision. Stark County brought an in rem action against the tractor trailer unit for extraordinary use of the highways under Chapter 39-12, N.D.C.C., alleging only that it violated the per axle weight restrictions. Strozzi responded as a third-party defendant. After a court trial, the district court dismissed the complaint with prejudice, ruling the weight restrictions apply to vehicles moved on the road, and the statutory movement requirement had not been met because there was no testimony the tractor trailer unit carrying the excavator had been moved prior to issuance of the ticket. Upon review, the Supreme Court concluded the district court's finding the vehicle had not been moved was not clearly erroneous, and therefore affirmed the judgment dismissing the County's case. View "Stark County v. A motor vehicle" on Justia Law