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| Case name | Citation | Summary |
| [North Dakota] Jundt v. Jurassic Resources | 2003/01/22 | Docket No: 20010313 2003 ND 9Curtis D. Jundt, Plaintiff, Appellee and Cross-Appellantv.Jurassic Resources Development, North America, L.L.C., a North Dakota limited liability company, Missouri River Royalty Corp., Rainbow Gas Company, Rainbow Energy Marketing Corp., Defendants, Appellants and Cross-AppelleesandLoren R. Kopseng, DefendantNo. 20010313Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Robert O. Wefald, Judge.AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.Opinion of the Court by Kapsner, Justice.Daniel S. Kuntz (argued), Tracy Vigness Kolb (appeared), and James S. Hill (on brief), Zuger, Kirmis & Smith, P.O. Box 1695, Bismarck, N.D. 58502-1695, for plaintiff, appellee and cross-appellant.Sheldon A. Smith (argued) and Scott K. Porsborg (appeared), Smith Bakke Oppegard Porsborg Wolf, P.O. Box 460, Bismarck, N.D. 58502-0460, for defendants, appellants and cross-appellees. |
| [North Dakota] Jund v. Johnnie B's Bar & Grill, Inc. | 2011/12/13 | Docket No: 20110115 2011 ND 230Tracy Jund and Lisa Jund, Plaintiffs and Appelleesv. Johnnie B's Bar & Grill, Inc., Defendant and Ransom County, Defendant and AppellantNo. 20110115Appeal from the District Court of Ransom County, Southeast Judicial District, the Honorable Thomas E. Merrick, Judge.AFFIRMED.Opinion of the Court by Sandstrom, Justice.Kim E. Brust (argued), P.O. Box 2686, Fargo, N.D. 58108-2686, for plaintiffs and appellees.Daniel Lee Gaustad (argued) and Ronald F. Fischer (on brief), P.O. Box 5758, Grand Forks, N.D. 58206-5758, for defendant and appellant. |
| [North Dakota] Julson v. Loyal Order of Moose | 1966/01/25 | Docket No: 8195 Vernon S. Julson, Plaintiff and Respondent,v.Loyal Order of Moose Number 822, A. R. Mitchell, Joseph Sys, Edward Senger, and Stanley Laughridge, Defendants and Appellants.Case No. 8195 |
| [North Dakota] Judson PTO v. New Salem School Board | 1978/02/02 | Docket No: 9404 In the Matter of the Petition of the Judson PTOJudson PTO, Appellant-Petitionerv.New Salem School Board, Appellee-Respondent and Cross-AppellantCivil No. 9404Appeal from the order of the District Court of Morton County, the Honorable William F. Hodny, Judge.REVERSED AND REMANDED.Opinion of the Court by Vogel, Justice.Kelsch, Kelsch and Tudor, Box 2335, Bismarck, for Appellant-petitioner; argued by Thomas B. Tudor.Orville A. Schulz, 322 Main Avenue, New Salem, for Appellee-respondent and cross-appellant. |
| [North Dakota] Judicial Vacancy in Southeast Judicial District | 1969/12/31 | Docket No: none ORDER1998 ND 25Supreme Court No. 970365In the Matter of the Judicial Vacancy in District Judgeship No. 1 in the Chamber at Jamestown, North Dakota, Southeast Judicial District[¶1] Governor Edward T. Schafer's notification of the death of the Honorable James A. Wright, District Judge for the Southeast Judicial District, with chambers in Jamestown, was received by this Court November 7, 1997. Under Section 27-05-02.1(1), N.D.C.C., the death of Judge Wright created a judicial vacancy.[¶2] Under Section 27-05-02.1, N.D.C.C., the Supreme Court is required to determine, within 90 days of receiving notice of a vacancy, whether the office is necessary for effective judicial administration. This Court may, consistent with that determination, order the vacancy be filled, the vacant office be abolished, with or without transfer of a district judgeship if necessary for effective judicial administration, or transfer the vacant office to a judicial district in which an additional judge is necessary.[¶3] Under Section 27-05-01(2), N.D.C.C., the Supreme Court is required to reduce the number of district judges to 42 before January 2, 2001. The state currently has 46 district judgeships, which includes the Jamestown vacancy.[¶4] After notice, a hearing concerning the vacancy in Judgeship No. 1 was held in Jamestown on January 6, 1998, before the Honorable Vernon R. Pederson, Surrogate Judge, acting as a Hearing Officer under Administrative Rule 7.2. A report has been filed by Judge Pederson.[¶5] Judge Pederson found: 1) If Judgeship No.1 is abolished, leaving six judges in the Southeast Judicial District, the population per judge/referee ratio would place the Southeast Judicial District first among the seven judicial districts; 2) Caseload filings in Stutsman County, in which Judgeship No. 1 is located, increased by 221 from 1995 to 1997; 3) If Judgeship No. 1 is abolished, judges chambered elsewhere in the district would be required to travel to Jamestown to assist in providing judicial services; 4) All remaining judges in the district are several years from retirement and none are contemplating retirement before 2001; 5) A new medium security prison is scheduled to open in the spring of 1998 at the North Dakota State Hospital, which is located in Jamestown; 6) The State Hospital intends to introduce legislation which will centralize and increase mental health hearings in Stutsman County; 7) The weighted caseload study completed by the National Center of State Courts indicates an allocation of 6.72 judicial positions for the district, and if, Judgeship No. 1 is abolished, the district would be .72 of a judicial position under the allocation identified by this study; and, 8) If the projections concerning the impact of economic activity are accurate, including the stabilized or increased area populations, there will likely be a consequent demand for judicial services.[¶6] Consultation with judges and attorneys of the Southeast Judicial District concerning the disposition of the Jamestown vacancy took place in the Supreme Court courtroom on January 20, 1998.[¶7] This order is based upon consideration of all information received by this Court, the reduction of the number of judgeships required by statute, and the need for continued effective judicial services in the Southeast Judicial District.[¶8] Notwithstanding the weighted caseload study, when compared to other districts in the state the caseload per judge does not compel a conclusion that retention of Judgeship No. 1 is necessary within the meaning of Section 27-05-02.1, N.D.C.C. The caseload filings, while increased overall from 1996 to 1997, show significant reduction in the criminal and civil case filings, the major portion of the filings in any district. The increase in filings is in mental health, orders to show cause and small claims cases, which under the weighted caseload study, consume less time per judge than do the categories of civil and criminal cases. Although the Southeast Judicial District would be first among the seven judicial districts in the population per judge/referee ratio, that finding is subject to change should reductions occur in other districts. District-wide population is projected to decline significantly based on information provided to the Legislative Council's Interim Judiciary Committee regarding consolidation of the clerks of court. The Court is also aware that as the period of time before 2001 shortens and the number of positions available to vacate reduces, the ability of this Court to comply with the legislative requirement to reduce the number of judges to 42 by 2001 is limited. While it is a difficult decision, it therefore follows that abolition of Judgeship No. 1 is necessary to comply with subsection 2 of Section 27-05-01, N.D.C.C., which requires the total number of district judges be reduced to 42 before January 2, 2001, and to heed the legislative intent that judgeships be abolished through attrition rather than by abolition of occupied judgeships.[¶9] The caseload per judge does not, at this time, compel the transfer of a judgeship from another district to Jamestown or to another chamber in the Southeast Judicial District to fulfill a need for judicial services. If caseload, population and commercial activity indicate a district-wide increase in the need for judicial services, the Court may transfer a judgeship from outside the Southeast Judicial District to the Southeast Judicial District under the authority of Section 27-05-02.1(5), N.D.C.C.[¶10] IT IS THEREFORE ORDERED, that Judgeship No. 1 at Jamestown in the Southeast Judicial District is abolished.[¶11] The abolition of the Jamestown judgeship is ordered with the intent and confidence that the Honorable John T. Paulson, Presiding Judge of the Southeast Judicial District, together with the judges of the district, and their successors, will continue to do their best to provide, through assignment, routine, effective judicial services to the area served by Judgeship No. 1.[¶12] If projections regarding caseload and commercial activity prove accurate, this Court will, upon petition or on the Court's own motion, consider transferring a judgeship from outside the Southeast Judicial District to the Southeast Judicial District under Section 27-05-02.1(5), N.D.C.C.[¶13] Dated at Bismarck, North Dakota, this 3rd day of February, 1998.[¶14]Gerald W. VandeWalle, Chief JusticeWilliam A. Neumann, JusticeDale V. Sandstrom, Justice |
| [North Dakota] Judicial Conduct Commission v. Wilson | 1990/10/02 | Docket No: 900167 In the Matter of the Application for Disciplinary Action Against the Honorable Bert L. Wilson, Judge of the District CourtJudicial Conduct Commission of the Supreme Court of the State of North Dakota, Petitionerv.The Honorable Bert L. Wilson, Judge of the District Court, State of North Dakota, RespondentCivil No. 900167Application for disciplinary action against a judge of the district court.DISMISSED.Opinion of the Court by Erickstad, Chief Justice.Vivian E. Berg (argued), Staff Counsel for Judicial Conduct Commission, P.O. Box 2297, Bismarck, ND 58502, for petitioner.Mark L. Stenehjem (argued), of Winkjer, McKennett, Stenehjem, Murphy & Reierson, P.O. Box 1366, Williston, ND 58802-1366, for respondent. |
| [North Dakota] Judicial Conduct Commission v. McGuire | 2004/08/31 | Docket No: 20040073 2004 ND 171In the Matter of the Application for Disciplinary Action Against Michael O. McGuire, Judge of the District CourtJudicial Conduct Commission, Petitionerv.Michael O. McGuire, RespondentNo. 20040073Application for disciplinary action.SUSPENSION ORDERED.Per Curiam.Paul W. Jacobson (argued), Disciplinary Staff, P.O. Box 2297, Bismarck, N.D. 58502-2297, for petitioner.Mark J. Condon (on brief), Johnson & Condon, P.A., 7401 Metro Boulevard, Suite 600, Minneapolis, MN 55439-3034, for respondent.Michael O. McGuire (on brief), pro se, 2811 North 1st Street, Fargo, ND 58102, for respondent. |
| [North Dakota] Joyce v. Joyce | 2010/10/19 | Docket No: 20100185 2010 ND 199Darcy J. Ehli, f/k/a Darcy J. Joyce, Plaintiff and Appellantv. Donald A. Joyce, Defendant and AppelleeNo. 20100185Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.REVERSED AND REMANDED.Opinion of the Court by Kapsner, Justice.Justin Dale Hager, 1110 College Drive, Suite 211, Bismarck, N.D. 58501-1225, for plaintiff and appellant.Todd D. Kranda, P.O. Box 1266, Mandan, N.D. 58554-7266, for defendant and appellee. |
| [North Dakota] Jorgensen v. ND Dept. of Transportation | 2005/04/26 | Docket No: 20040338 2005 ND 80Dean Arlan Jorgensen, Petitioner and Appellantv.North Dakota Department of Transportation, Respondent and AppelleeNo. 20040338Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.REVERSED.Opinion of the Court by Sandstrom, Justice.Chad R. McCabe, Vinje Law Firm, 523 North 4th Street, Suite 3, Bismarck, N.D. 58501-4055, for petitioner and appellant.Todd Adam Sattler, Assistant Attorney General, Office of Attorney General, P.O. Box 1054, Bismarck, N.D. 58502-1054, for respondent and appellee. |
| [North Dakota] Jore v. Saturday Night Club, Inc. | 1975/04/02 | Docket No: 9060 Orlin Jore and Carol Jore, Plaintiffs/Appellantsv.Saturday Night Club, Inc., a corporation, doing business as Club 81, Defendant/AppelleeCivil No. 9060 |
| [North Dakota] Jordana v. Corley | 1974/06/27 | Docket No: 8995 Ann C. Jordana, Petitioner-Appellant,v.Edwin B. Corley, Respondent-Appellee.Civil No. 8995 |
| [North Dakota] Jones v. North Dakota Workmen's Compensation Bureau | 1983/05/12 | Docket No: 10303 Buck Jones, Appellantv.North Dakota Workmen's Compensation Bureau, AppelleeCivil No. 10303Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Benny A. Graff, Judge.MOTION TO DISMISS GRANTED AND JUDGMENT AFFIRMED.Opinion of the Court by Paulson, Justice.Irvin B. Nodland (argued), of Lundberg, Conmy, Nodland, Lucas & Schulz, P.O. Box 1398, Bismarck, for appellant.Joseph F. Larson II, Assistant Attorney General, Workmen's Compensation Bureau, Hwy. 83 N., Russel Bldg., Bismarck, for appellee. |
| [North Dakota] Jones v. ND Workers Compensation Bureau | 1990/10/02 | Docket No: 900171 Calvin Jones, Appellantv.North Dakota Workers Compensation Bureau, AppelleeCivil No. 900171Appeal from the District Court for Williams County, Northwest Judicial District, the Honorable William M. Beede, Judge.AFFIRMED.Opinion of the Court by Gierke, Justice.Steven L. Latham (argued), of Wheeler Wolf, P.O. Box 2056, Bismarck, ND 58502, for appellant.Hugh Patrick Seaworth (argued), Assistant Attorney General, North Dakota Workers Compensation Bureau, Hwy. 83 N., Bismarck, ND 58505-0630, for appellee. |
| [North Dakota] Jones v. ND State Board of Medical Examiners | 2005/01/19 | Docket No: 20040161 2005 ND 22Miles J. Jones, M.D., Plaintiff and Appellantv.North Dakota State Board of Medical Examiners - Investigative Panel B, Defendant and AppelleeNo. 20040161Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Robert O. Wefald, Judge.REVERSED AND REMANDED.Opinion of the Court by Sandstrom, Justice.Larry J. Richards, Richards Law Office, 711 North Washington Street, Suite 202, Grand Forks, N.D. 58203, for plaintiff and appellant.John M. Olson, Olson Cichy Bliss, P.O. Box 817, Bismarck, N.D. 58502-0817, for defendant and appellee. |
| [North Dakota] Jones v. Boeing | 1967/09/20 | Docket No: 8389 Mike Jones, Plaintiff and Respondentv.The Boeing Company, a Delaware Corporation, Defendant, Respondent, and Third-Party PlaintiffandKirkham, Michael & Associates, a North Dakota Corporation, Appellant and Third-Party DefendantCivil No. 8389 |
| [North Dakota] Jones v. Billings Co. School Dist. #1 | 1969/12/31 | Docket No: 970028 1997 ND 173Don Jones and Ernest H. Miessel, Plaintiffs and Appelleesv.Billings County School District #1, Defendant and AppellantCivil No. 970028Appeal from the District Court for Billings County, Southwest Judicial District, the Honorable Allan L. Schmalenberger, Judge.REVERSED AND REMANDED.Opinion of the Court by VandeWalle, Chief Justice.Glen R. Bruhschwein, of Mackoff, Kellogg, Kirby & Kloster, PC, Dickinson, for plaintiffs and appellees.Vince H. Ficek, of Ficek & Buresh, P.C., Dickinson, for defendant and appellant. |
| [North Dakota] Johnsrud v. Lind | 1974/06/04 | Docket No: 8975 Miles Johnsrud and Hal Johnsrud, Plaintiffs and Appellants,v.Willis Lind, d/b/a Killdeer Livestock Co., Defendant and Appellee.Civil No. 8975 |
| [North Dakota] Johnson v. Traynor | 1998/06/04 | Docket No: 970364 1998 ND 115Dawn Johnson, Plaintiff and Appellantv.J. Patrick Traynor, in his official capacity as Executive Director of the North Dakota Workers Compensation Bureau, and the State of North Dakota, acting through the North Dakota Workers Compensation Bureau, Defendants and AppelleesCivil No. 970364Appeal from the District Court for Morton County, South Central Judicial District, the Honorable Donald L. Jorgensen, Judge.AFFIRMED.Opinion of the Court by Meschke, Justice.Dietz, Little & Haas, Gateway Office Building, 2718 Gateway Ave., #301, Bismarck, ND 58501, for plaintiff and appellant; argued by Dean J. Haas.Brent J. Edison (argued), Special Assistant Attorney General, 316 North 5th Street, P.O. Box 1695, Bismarck, ND 58502-1695, for defendants and appellees. |
| [North Dakota] Johnson v. Tomlinson | 1968/04/25 | Docket No: 8463 Olga S. Johnson, Plaintiff and Respondent,v.Doris M. Tomlinson, Fern K. Fresonke, Dorothy C. Herberholz, Herman P. Johnson, and Arnold O. Lona, Individually and as Administrator of the Estate of Peter O. Johnson, Deceased, Defendants and Appellants.Civil No. 8463 |
| [North Dakota] Johnson v. Taliaferro | 2011/02/08 | Docket No: 20100314 2011 ND 34Helen Johnson, Craig A. Johnson and Julia M. Johnson, Plaintiffs and Appelleesv. Scott L. Taliaferro, Defendant and Appellant and all other persons unknown claiming any estate or interest in, or lien or encumbrance upon, the property described in the Complaint, DefendantsNo. 20100314Appeal from the District Court of Bottineau County, Northeast Judicial District, the Honorable Michael G. Sturdevant, Judge.AFFIRMED.Opinion of the Court by Crothers, Justice.Jessica Lee Merchant (argued) and William Eric Bergman (on brief), 17 1st Avenue SE, P.O. Box 1180, Minot, ND 58702-1180, for plaintiffs and appellees. Sara Elizabeth Ruliffson (argued) and Orlin W. Backes (appeared), Wells Fargo Bank Center, 15 2nd Avenue SW, Suite 305, P.O. Box 998, Minot, ND 58702-0998, fordefendant and appellant. |