Justia Government & Administrative Law Opinion Summaries

Tyler Dawson appealed a district court judgment affirming a North Dakota Department of Transportation hearing officer's decision to suspend his driving privileges for two years for driving under the influence of alcohol. Upon review of the matter, the Supreme Court concluded a reasoning mind could not reasonably conclude the finding that Dawson drove or was in physical control of a motor vehicle within two hours of the performance of a chemical test was supported by a preponderance of the evidence on the entire record. Therefore, the Court reversed the district court's judgment and the Department hearing officer's decision and remanded to the Department for reinstatement of Dawson's driving privileges. View "Dawson v. N.D. Dep't of Transportation" on Justia Law

HIT, Inc. appealed a district court judgment affirming the administrative order requiring HIT to pay back excess reimbursements in the amount of $90,699.80. HIT argued the Department used an incorrect method to calculate the margin to determine whether HIT was required to refund the excess reimbursements. Furthermore, HIT argued it was reversible error for the ALJ to defer to the agency's interpretation of its own regulations. Finding no error, the Supreme Court affirmed. View "HIT, Inc. v. N.D. Dep't of Human Services" on Justia Law

The North Dakota Department of Human Services appealed a district court order reversing and remanding the Department's order decreasing Plaintiff-Appellee Penne Nienow's monthly Supplemental Nutrition Assistance Program ("SNAP") benefits. The County determined Nienow received income from a prior mineral rights lease and, therefore, the 2011 payment was a recurring lump-sum payment. The County reduced Nienow's SNAP benefits to $16 per month. Nienow filed a request for hearing to the Department, and an evidentiary hearing was held. The County's representative testified Nienow stated that she leased the mineral rights and received income from the lease every five years and that she had leased the rights at least once before. After the hearing, the administrative law judge ("ALJ") concluded the County correctly determined Nienow's income and properly reduced her SNAP benefits. The Department adopted the ALJ's findings and conclusions. Nienow appealed the Department's order to the district court. The district court reversed and remanded, concluding Nienow's payment was a mineral leasing bonus, a nonrecurring lump-sum payment, and should not have been considered as income in determining Nienow's eligibility. Upon review of the matter, the Supreme Court reversed the district court order and reinstated the Department's final order reducing Nienow's SNAP benefits. View "Nienow v. Anderson" on Justia Law

The North Dakota Department of Transportation appealed a district court's judgment reversing the administrative hearing officer's decision to suspend Petitioner-Apellee Timothy Mees's driving privileges for ninety-one days for driving under the influence of alcohol. Upon review of the matter, the Supreme Court concluded reasonable minds could have concluded the hearing officer's finding that the officer who administered the Intoxilyzer ascertained that Petitioner did not have anything to eat, drink, or smoke for twenty minutes prior to the Intoxilyzer test was supported by the weight of the evidence on the entire record. Therefore, the Court reversed the district court's judgment and reinstated the hearing officer's decision to suspend Petitioner's driving privileges. View "Mees v. N.D. Dep't of Transportation" on Justia Law

Plaintiff-Appellant Roland Riemers appealed a district court order that denied his petition for a writ to require the Secretary of State to remove the Republican and Democratic candidates for governor and lieutenant governor from the November 2012 general election ballot, or alternatively to place him on that ballot as the Libertarian party candidate. According to Riemers, both he and his running mate for lieutenant governor filed separate certificates of endorsement and statements of interests with the Secretary to place their names on the June 2012 primary ballot, but Richard Ames did not submit a signature page with his statement of interests. Accordingly, the Secretary placed Riemers' name on the primary ballot, but not that of his running mate Ames. Riemers received enough votes in the primary to qualify for placement on the general election ballot. The Secretary asked the Attorney General whether under North Dakota law, Riemers could be nominated for governor without an accompanying candidate for lieutenant governor. The Attorney General issued a written opinion ruling that Riemers was not nominated because the requirements for a joint ballot for governor and lieutenant governor were not satisfied. Riemers thereafter submitted sufficient signatures to the Secretary of State for certification on the November general election ballot as an independent candidate for governor, with Anthony Johns as his accompanying candidate for lieutenant governor. In September 2012, after filing matter in the district court and being informed a previous attempt to serve the petition on the Secretary of State by certified mail was insufficient under N.D.R.Civ.P. 4(d)(2), Riemers personally served an Assistant Attorney General with the petition for a writ of mandamus, a writ of prohibition, a writ of quo warranto, and for preventive or declaratory relief. Riemers named the Secretary of State as the respondent and asked the district court to require the Secretary of State to remove the Republican and Democratic candidates for governor and lieutenant governor from the November general election ballot for failure to file a joint certificate of endorsement for the primary election. Riemers alternatively sought an order requiring the Secretary of State to place his name on the general election ballot as the Libertarian candidate for governor with Anthony Johns as the Libertarian candidate for lieutenant governor. Riemers also sought an order directing the Secretary of State to stop discriminating against minor party and independent candidates. Upon review, the Supreme Court concluded that Riemers failed to demonstrate a clear legal right to be certified for the general election ballot as the Libertarian candidate for governor and the district court did not abuse its discretion in denying his petition for a writ to require the Secretary of State to certify his name for that ballot as the Libertarian candidate for governor. View "Riemers v. Jaeger" on Justia Law

Claimants appealed a district court judgment that affirmed Job Service of North Dakota's decision to deny them unemployment benefits. Upon review of the administrative record and the plain language of N.D.C.C. 52-06-02(4), the Supreme Court concluded that claimants were only disqualified from unemployment compensation for employee-initiated work stoppages due to labor disputes, not to locked out Claimants as in this case. Accordingly, the Court reversed the district court's judgment and remanded the case back to Job Service for further proceedings. View "Olson v. Job Service" on Justia Law

Plaintiff-Appellant Charles Morrow appealed a district court judgment that affirmed a Department of Transportation hearing officer's decision that suspended his driving privileges for one year. On appeal, Plaintiff argued that N.D.C.C. 39-20-04 required an officer to specifically indicate his or her belief that the driver's body contained alcohol on the Report and Notice form, which he says was nowhere on the face of the form. The Department argued that formulating the opinion that the driver's body contained alcohol was a prerequisite to requesting an onsite screening test, and therefore checking "Refused onsite screening test" implied the officer formulated an opinion that the driver's body contained alcohol. Upon review, the Supreme Court concluded that the arresting officer failed to indicate his belief that Plaintiff's body contained alcohol, thereby making the report and notice deficient. The Court reversed the district court's order affirming the administrative suspension of Plaintiff's driving privileges. View "Morrow v. Ziegler" on Justia Law

Defendant-Appellant J.G. appealed a district court order that denied his petition for discharge from civil commitment as a sexually dangerous individual under N.D.C.C. ch. 25-03.3. Concluding the district court did not err in finding J.G. engaged in sexually predatory conduct and the State established by clear and convincing evidence that J.G. remained a sexually dangerous individual, the Supreme Court affirmed. View "In the Matter of J.G." on Justia Law

B.F. (father) appealed a district court judgment that appointed G.S., G.J., and K.C. as guardians over J.S.L.F. J.S.L.F. was born in the summer of 2008 to B.F. and S.M.L. They lived in Grand Forks for the first few months of the child's life, and were the subject of several complaints received by Grand Forks County Social Services. Father, mother, and child moved to Glenburn allegedly to avoid social services. While they were in Glenburn, there were at least three more reports from social services about their supervision of the child, the condition of the house they lived in, and the feeding of the child. In November 2010, the mother left the child with two of the co-petitioners so she could move to Bismarck. She signed a co-petition for appointment of a guardian in which she gave consent for G.S., G.J., and K.C. to be appointed guardians. Several weeks later, the mother arrived at G.S. and G.J.'s home with the police and took the child back. The next day, the district court entered an ex parte order giving G.S., G.J., and K.C. a temporary guardianship over the child. In the order, the court found an emergency existed because the mother was unable to care for the child, and found the mother's parental rights had been suspended by the circumstances. The father was not given notice before the guardianship was entered, and no hearing was held before the temporary guardianship. The temporary guardians made a motion to make the guardianship permanent, and B.F. was served with notice of the petition. A hearing on the petition for permanent guardianship was held late summer 2011. The district court ruled that both parents' rights had been suspended by the circumstances, and that it was in the best interests of the child to appoint G.S., G.J., and K.C. as the child's permanent guardians. On appeal, B.F. argued his parental rights were not suspended by circumstances. The Supreme Court agreed, finding that the facts in the record did not support a finding of abandonment (to preclude suspension of rights by the circumstances), and therefore the district court's finding that B.F. abandoned J.S.L.F. was clearly erroneous. View "Guardianship of J.S.L.F." on Justia Law

William and Carla Trotter and Kevin and Cheryl Buehner appealed a judgment which declared "Trotter Road" a public road, and that awarded Ralph and Patricia Howard damages. Since 1984, the Howards have used Trotter Road to access their farmland. In 1986 or 1987, Gene Buehner built a dam along Trotter Road because the road had frequently been washed away by high water traveling through the ravine. In the fall of 2009, the road had become increasingly narrow due to high water. The width of the road made it impossible for the Howards to access their farmland with heavy farm equipment, which had previously not been a problem. Also in the fall of 2009, the Trotters erected steel poles across Trotter Road further preventing the Howards from accessing their farmland. In 2011, the Howards sued the Trotters and Buehners seeking injunctive relief and money damages. Upon review, the Supreme Court concluded that the trial court did not clearly err in finding Trotter Road was a public road, and in awarding the Howards damages. View "Howard v. Trotter" on Justia Law