The North Dakota Supreme Court released several new opinions on May 7, addressing a range of civil and criminal cases. The decisions cover topics such as oil and gas law, journalist shield statutes, DUI offenses, child support, contract disputes, and the court’s authority over foreign proceedings.
These rulings provide clarification on important legal issues affecting citizens and practitioners in North Dakota. They address statutory interpretation, procedural standards for evidence review in criminal matters, and the scope of judicial authority.
In State v. Leland et al., the court clarified that North Dakota Century Code § 47-06-10 applies when a stream divides itself to surround land belonging to a shore owner. The opinion states: “The statute provides no other condition.” It also noted that ownership of government lots adjacent to navigable water does not extend beyond the water and that “the doctrine of laches is limited when the government acts to protect the public’s interest.”
Another notable decision is BEK Communications v. El-Dweek et al., where the court said: “When considering whether a failure to disclose information covered by North Dakota’s journalist shield statute should be disclosed to prevent a miscarriage of justice, a district court does not abuse its discretion by ordering an in camera review of the information before determining whether a miscarriage of justice will occur…” The decision further instructs district courts to determine if there has been a particularized showing before ordering such reviews.
In City of Bismarck v. Herrera, it was determined that probable cause is not an element for test refusal offenses under N.D.C.C. § 39-08-01; rather, probable cause can be challenged through pre-trial motions instead of being decided by juries.
Other cases addressed include Interest of Hoff (affirming continued commitment under summary procedure), State v. Hernandez (clarifying arrestee rights regarding counsel during DUI processing), Stokka v. Stokka (affirming child support judgment with double costs awarded), Energy Transfer v. Gion (outlining standards for antisuit injunctions involving foreign forums), Lepird Drywall v. Elite Flooring Installations (discussing fact-finding standards for oral contracts and damages), and Baumgartner v. NDDOT (upholding revocation of driving privileges).
These opinions are expected to guide future cases with similar legal questions throughout North Dakota.
