[¶ 1] Corey Botner appeals from a district court's summary judgment dismissing his claim against Bismarck Parks and Recreation District (Bismarck Parks). We hold the district court erroneously granted summary judgment because Botner produced sufficient evidence to create genuine issues of material fact regarding whether Bismarck Parks breached its duties to maintain its property in a reasonably safe condition and to provide adequate supervision. Therefore, we reverse the district court's...  

[¶ 1] Priscilla Sonnenberg, n/k/a Priscilla Sauer, appeals from an amended order and judgment. We hold the district court erred as a matter of law by failing to comply with the child support guidelines and reverse and remand the court's calculation of the parties' child support obligations. We affirm the district court's denial of attorney fees... I... [¶ 2] Sauer and Terry Sonnenberg married in 1993 and have two children together, J.S. and K.S. The parties divorced in 2002. In...  

[¶ 1] Al and Mike Skogen and their tenant, Jason Bonde, ("Skogens") appealed from a judgment dismissing their complaint against the Hemen Township Board of Township Supervisors for damages from flooding to their farmland and for an order requiring the Board to place a culvert in a township road. We reverse and remand... I... [¶ 2] The Skogens own and farm land in Hemen Township in Barnes County adjacent to and on the south side of a township road, and Torin and Kevin Swartout...  

[¶ 1] LeRoy Loomer appeals from a probate judgment confirming the partition of land owned by the decedent, Oline Loomer, and the distribution of the land to her three children, LeRoy, Orville, and Donald Loomer. We conclude the court's partition decision is not clearly erroneous and the claimed misconduct by a referee appointed to assist in the partition of the land does not require reversal. We affirm... I... [¶ 2] Oline Loomer died in 2002 without executing a will. She was survived...  

[¶ 1] Wayne Stenehjem, as Attorney General on behalf of the State of North Dakota, appealed from a district court judgment ordering Crosslands, Inc., to divest itself of certain rural land it had purchased, but allowing Crosslands to retain other rural land it had purchased. We reverse and remand for entry of judgment directing Crosslands to divest itself of the entire 949-acre disputed tract, concluding that a purchase of land by a corporation violates the corporate farming law if the...  

[¶ 1] Kenneth Jacob, Jr., appealed from the district court's judgment denying his petition for post-conviction relief. Jacob argued he received ineffective assistance of counsel because his trial counsel did not call an expert in trucking to testify. We affirm because Jacob did not establish a reasonable probability that the proposed testimony would lead to a different verdict... I... [¶ 2] We affirmed Jacob's original conviction in State v. Jacob, 2006 ND 246, 724 N.W.2d 118. The...  

[¶ 1] Allen Perius appeals from a summary judgment dismissing his action against his motor vehicle insurer, Nodak Mutual Insurance Company, for no-fault benefits and for uninsured motorist coverage. We conclude there are disputed issues of material fact about whether Perius's claimed damages were proximately caused by a motor vehicle accident, and we reverse and remand... I... [¶ 2] On October 8, 2004, Perius was driving his motor vehicle when he was involved in an accident with an...  

[¶ 1] George Ebertz appeals from a district court order dismissing the State's motion to revoke his probation and ordering his conviction stands and the file will not be sealed. Ebertz argues the district court committed reversible error by revoking his deferred imposition of sentence. We conclude the district court did not have jurisdiction to order Ebertz's conviction stands and the file will not be sealed, and we reverse that part of the court's order. We remand for entry of judgment...  

[¶ 1] Jessica Delvo appealed from the district court's order denying her application for post-conviction relief. We affirm. Summary dismissal of the application for post-conviction relief was appropriate because Delvo failed to supplement her application with affidavits or other evidence after being put on notice that the State requested summary disposition, and the State was entitled to judgment as a matter of law... I... [¶ 2] In 2005, Delvo pled guilty to possession of marijuana...  

[¶ 1] Edward J. Tarnavsky appeals from an order denying his N.D.R.Civ.P. 60(b) motion for relief from a judgment dismissing his action against McKenzie County Sheriff Ron Rankin for claims involving separate sheriff's sales of Tarnavsky's real and personal property. Tarnavsky argues the district court erred in denying his motion because Rankin's "concession" that a sheriff's deed was "void," which was made during appellate proceedings in Tarnavsky v. Rankin, 2009 ND 149,...  

[¶ 1] Roland Riemers filed a petition for supervisory writ with this Court, which we granted with regard to whether Riemers has a right of trial by jury under the Constitution of North Dakota for a noncriminal municipal traffic citation punishable by a twenty-dollar fine. We hold the state constitution provides Riemers with the right to a jury trial for the citation and remand the case back to the Grand Forks municipal court for further proceedings consistent with this opinion... I......  

[¶ 1] La Verne Koenig appeals from a criminal judgment entered upon a jury verdict finding him guilty of allowing livestock to run at large. Koenig argues: (1) the complaint was legally insufficient; (2) the statute defining a legal fence, N.D.C.C. § 47-26-01, is unconstitutional; (3) the district court judge lacked jurisdiction to hear the case; (4) the practice of rotating judicial assignments in the East Central Judicial District is unconstitutional; (5) the district court failed...  

[¶ 1] Rockwell Skarsgard appeals a district court order denying his four applications for post-conviction relief, arguing he received ineffective assistance of counsel... [¶ 2] The district court's order denying Skarsgard's applications for post-conviction relief is affirmed under N.D.R.App.P. 35.1(a)(2)... [¶ 3] Gerald W. VandeWalle, C.J... Dale V. Sandstrom... Daniel J. Crothers... Mary Muehlen Maring... Carol Ronning Kapsner...  

[¶ 1] Amy Wery appeals from a district court order denying her application for post-conviction relief. Wery argues the district court improperly denied her application for post-conviction relief because her counsel was ineffective, she reached a binding plea agreement with the State and only agreed to plead guilty on the basis of the terms of the agreement, her sentence is illegal, and the revocation of her probation was untimely... [¶ 2] We summarily affirm under N.D.R.App.P....  

[¶ 1] Grady Jackson appeals from a criminal judgment after the trial court found him guilty of his fourth driving under suspension violation in five years. On appeal, Jackson raises numerous arguments, including that the trial court abused its discretion by denying his motion to suppress evidence; the State failed to show harm or prejudice if the trial had been delayed for an exclusive suppression hearing; the stop was discriminatory; and the trial court did not adjudicate in a fair and...  

[¶ 1] Art Tibor appeals from an order denying his motion for a new trial in a gross sexual imposition case. On appeal, Tibor argues the trial court denied him an evidentiary hearing and improperly denied his motion for a new trial. Because the trial court did not abuse its discretion, we affirm under N.D.R.App.P. 35.1(a)(4)... [¶ 2] Gerald W. VandeWalle, C.J... Mary Muehlen Maring... Daniel J. Crothers... Dale V. Sandstrom... Carol Ronning Kapsner...  

[¶ 1] Shane Gietzen appeals the district court's order entering judgment on the jury's verdict finding Gietzen guilty of driving under the influence of alcohol with a blood-alcohol concentration of 0.08 percent or greater. We affirm... I... [¶ 2] On May 23, 2009, Gietzen was arrested in Bismarck, North Dakota for driving under the influence of alcohol with a blood-alcohol concentration of 0.08 percent or greater. Gietzen was stopped by North Dakota State Highway Trooper Jeremiah Bohn,...  

[¶ 1] Cameron and Mary Arnegard appealed from a summary judgment dismissing their lawsuit against Richard Cayko, Chairman of the Board of County Commissioners; Frances Olson, McKenzie County Auditor; and McKenzie County ("County"). The Arnegards argue they are entitled to a property tax exemption for the residence located on their farm. We affirm, concluding the Arnegards failed to present evidence establishing that they qualify for the tax exemption... I... [¶ 2] The...  

[¶ 1] A.R. appeals a juvenile court's order adjudicating him a delinquent child for committing disorderly conduct. A.R. argues the juvenile court erred in denying his motion to dismiss and finding sufficient evidence exists to sustain a conviction because his speech is protected by the First Amendment. Because A.R.'s speech is not protected by the First Amendment and the petition sufficiently alleged facts to place A.R. on notice, we hold the juvenile court did not err in denying the...  

[¶ 1] Jeffrey Sheets appeals from a district court decision finding he was entitled to $11,982.18 in additional compensation under the terms of an employment agreement, but offsetting this amount against $13,000 plus interest due under two promissory notes executed in favor of defendants Farhart Law Firm and Moody Farhart. We hold the district court's finding that Sheets was only entitled to $11,982.18 was not clearly erroneous and affirm the judgment in favor of defendants offsetting the...