Cases
Reported Decisions / Cases: Three Aces Properties, LLC v. United Rentals, Inc., 2020 ND 258 - on brief
argued - as a matter of first impression, the lesser amount of cost of repair
diminution in value is the measure of damages for commercial tenant's breach of contractual duty to maintain
repair
Devore v. American Eagle Energy Corporation, et al., 2020 ND 23, 937 N.W.2d 503 - on brief - applying non-liability of employer for negligence of independent contractor to determine oil well operator not responsible for negligence of employee of water transfer company, which company contracted with operator for the work
Palmer, et al. v. Gentek Building Products, Inc., 2019 ND 306, 936 N.W.2d 552 - on brief
argued - state court had jurisdiction to hear warranty claim under Magnuson-Moss Warranty Act
make attorneys' fees award regardless of prior class action because warrantor could not prove notice was given to plaintiffs who were known claimants, which was required notice in the class action
thus, claimants were not parties to the class action
were not bound thereby
Frontier Fiscal Services LLC v. Pinky's Aggregates, Inc., et al., 2019 ND 147, 928 N.W.2d 449 - on brief - affirmance of summary judgment enforcing personal guaranty because consideration is any benefit conferred or detriment suffered
Arnegard, et al. v. Arnegard Township, 2018 ND 80, 908 N.W.2d 737 - on brief
argued - CUP, alone, is not a contract - political subdivision has no duty to disclose validly-enacted ordinance or amendment if statute was followed when enacting it - CUP, alone, does not create a protected property interest for purposes of a due process analysis under the state or federal constitutions
Matter of Estate of Nohle, 2017 ND 100, 893 N.W.2d 755 - on brief
argued - affirmance of district court's denial of a motion to modify a court-ordered distribution of an estate when motion brought more than 50 years after order of distribution entered
effected
Matter of Estate of M.D., 2017 MT 22, 388 P.3d 954 - on brief (no argument granted) - matter of first impression concluding that son, on these particular facts, was not disqualified as mother's guardian under section 72-5-312(1), Mont. Code Ann.
In re Guardianship of R.G., 2016 ND 96, 879 N.W.2d 416 - on brief
argued - order appointing a conservator
guardian is appealable without Rule 54, N.D.R.Civ.P., certification - courts have discretion to pass over most recently-nominated person in durable power of attorney
appoint another conservator or guardian if the court finds good cause for doing so
Cheetah Properties 1, LLC v. Panther Pressure Testers, Inc., 2016 ND 102, 879 N.W.2d 423 - on brief
argued - a wilful holding over by a tenant must be intentional
not inadvertent - if the court invites briefing on an issue without objection in summary proceedings, the court must resolve the issue with reasoned legal analysis
Moody, et al. v. Sundley, 2015 ND 204, 868 N.W.2d 491 - on brief
argued - every element of adverse possession must be satisfied to confer title - implied amendments to a pleading are accomplished where evidence introduced varies the theory of the case
is not otherwise relevant to any other issue pleaded
In re Estate of Cashmore, 2013 ND 150, 836 N.W.2d 427 - on brief - contempt as a sanction requires the contemnor receive notice
hearing - verified, sworn statements to close are of no effect if outst
ing claim is known to
not acknowledged by personal representative