Justia Government & Administrative Law Opinion Summaries

Plaintiff Sharon Wheeler appealed a judgment requiring her to pay assessments to Defendant Southport Seven Planned Unit Development ("Southport"). Upon review of the matter, the Supreme Court concluded the district court did not err finding Southport had authority to impose assessments against Wheeler as a property owner in Southport, the court did not err finding the amount Wheeler owed Southport and the court did not err in ordering Wheeler to pay Southport costs. View "Wheeler v. Southport Seven Planned Unit Dev." on Justia Law

The North Dakota Department of Human Services ("the Department") appealed a district court judgment reversing the Department's order determining Edward Ennis was ineligible for continued Supplemental Nutrition Assistance Program ("SNAP") benefits. Ennis cross-appealed, challenging the district court's denial of his motion for costs. Ennis, self-employed, purchased a truck for $5,238 for use in his business. He paid for the truck in full and thus did not make ongoing payments. In March 2011, the County conducted a periodic recertification review to determine Ennis's continued eligibility for SNAP benefits. The County calculated his anticipated 2011 self-employment income based upon his actual 2010 self-employment income, without deducting the $5,238 expense for the truck. Based on this calculation, the County determined Ennis's anticipated 2011 income exceeded the income limit for SNAP benefits and issued a denial of benefits. Ennis appealed to the Department and requested a hearing. An administrative law judge ("ALJ") issued recommended findings of fact, conclusions of law and order determining that the purchase price of the truck should have been deducted from Ennis's anticipated 2011 self-employment income and recommending that the County's denial of further benefits be reversed. The executive director of the Department disagreed with the ALJ's recommendation and issued amended findings, conclusions and final order affirming the County's determination that Ennis was not entitled to further SNAP benefits. Ennis appealed to the district court, which reversed the Department's final order and reinstated the recommended findings of the ALJ. Upon review, the Supreme Court reversed the judgment and reinstated the Department's final order denying further benefits. View "Ennis v. N.D. Dep't of Human Services" on Justia Law

Wilfred Dahly appealed a district court judgment which affirmed a final order of the North Dakota Department of Human Services ("Department") which determined he was ineligible for Medicaid benefits. Upon review, the Supreme Court reversed and remanded, concluding the Department erred when it concluded the proceeds of the sale of Wilfred Dahly's home were an available asset which exceeded the asset limit for Medicaid eligibility. View "Dahly v. Anderson" on Justia Law

Bryen Birkholz appealed a judgment ordering him to forfeit $44,140 in currency seized during a search of his residence and an order denying his motion for a new trial. In August 2010, law enforcement officers executed a search warrant for Birkholz's residence and found eleven growing marijuana plants, a hydration system for the plants, three bags containing various amounts of marijuana, several empty bags, drug paraphernalia, and $44,140 in currency in a safe in a desk near the marijuana. In May 2011, Birkholz pled guilty to manufacture of a controlled substance, possession of a controlled substance, and possession of drug paraphernalia. Birkholz argued the district court erred in applying the presumptions in N.D.C.C. 19-03.1-23.3 to currency he claimed was seized under the authority of N.D.C.C. 29-31.1-03. He also claimed there was insufficient evidence of a transaction to justify a forfeiture of the currency under N.D.C.C. 19-03.1-23.3(1)(d) and the court erred in denying his motion for a new trial on the ground of newly discovered evidence. Upon review, the Supreme Court concluded Birkholz did not raise an issue in the district court about the applicability of the presumptions in N.D.C.C. 19-03.1-23.3 to this case and could not raise the issue for the first time on appeal. The Court also concluded the court's findings supporting forfeiture were not clearly erroneous and the court did not abuse its discretion in denying Birkholz's motion for a new trial. View "North Dakota v. $44,140 U.S. Currency" on Justia Law

Strata Corporation and Liberty Mutual Fire Insurance Company appealed a partial summary judgment dismissing Liberty Mutual's subrogation claim against United Crane & Excavation, Inc., after the district court certified the partial summary judgment as final under N.D.R.Civ.P. 54(b). Because this case did not represent the "infrequent harsh case for immediate appeal and subsequent proceedings in the district court may moot the issue raised on appeal," the district court improvidently certified the partial summary judgment as final and the Supreme Court dismissed the appeal. View "City of Mandan v. Strata Corp." on Justia Law

Robert Heier appealed a district court judgment affirming an administrative law judge's ("ALJ") decision affirming the termination of his employment with the Department of Corrections and Rehabilitation. Upon review of the matter, the Supreme Court reversed, concluding Heier was unlawfully disciplined multiple times for one instance of misconduct, and the Court ordered Heier reinstated with backpay. View "Heier v. N.D. Dept. of Corr. & Rehab. " on Justia Law

James Mickelson appealed a judgment affirming a Workforce Safety and Insurance ("WSI") decision denying his claim for workers' compensation benefits. He argued WSI erred in deciding he did not suffer a compensable injury. Upon review, the Supreme Court concluded WSI misapplied the definition of a compensable injury, and the Court reversed and remanded for further proceedings. View "Mickelson v. Workforce Safety & Ins." on Justia Law

J.A. appealed a juvenile court order terminating parental rights to his daughter, A.W. Upon review of the trial court record, the Supreme Court concluded the court's findings that J.A. abandoned the child, that the child was deprived, and that the conditions and causes of the deprivation were likely to continue were supported by clear and convincing evidence and were not clearly erroneous.

Cornel Kilber appealed a district court judgment that affirmed the Grand Forks Public School District No. 1 ("District") decision to discharge him from his teaching position with the District for conduct unbecoming the position of a teacher. Upon review of the district court record, the Supreme Court concluded that Kilber was not denied a fair discharge hearing and that any claimed procedural errors that occurred during the hearing were harmless.

John Miller and J.D. Miller Farming Association (collectively "Miller") appealed an order that affirmed the Walsh County Water Resource District's decision requiring Miller to remove unpermitted dikes from his property located in Forest River Township. Upon review of the matter, the Supreme Court affirmed, concluding Miller failed to establish that the District acted arbitrarily, capriciously or unreasonably, that there was not substantial evidence to support its decision, or that the District was estopped from requiring removal of the dikes.