jurisdiction and did not have official power to stop and seize the defendant while driving his vehicle . The Supreme Court disagreed , holding that pursuant to N . D . C . C . § 44-08-20 ( 3 ) a law enforcement officer acting outside of his jurisdiction may lawfully respond to a request for assistance from an officer within his jurisdiction , even if the request is solicited by the out of jurisdiction officer . The criminal judgment was affirmed .
Interest of K . R . C . W ., 2020 ND 239 . Filed 11-19-20 .
In this termination of parental rights case , the Supreme Court stated that a juvenile court may terminate parental rights solely on a finding of deprivation when the child has been in foster care for at least 450 out of the previous 660 nights .
WSI v . Oden¸ 2020 ND 243 . Filed 11-19-20 .
In this workers compensation benefit case , the Supreme Court – among other matters – stated North Dakota WSI has full power and authority to hear and determine all questions within its jurisdiction , and its decisions are final and are entitled to the same faith and credit as a judgment of a court of record .
Christianson v . ND DOT , 2020 ND 245 . Filed 11-19-20 .
The North Dakota Department of Transportation ( DOT ) suspended a North Dakota resident ’ s driving privileges based upon his conviction in Canada for a driving under the influence offense . The Supreme Court held that the Canadian statute making it illegal to drive while intoxicated defines an offense equivalent to North Dakota ’ s driving under the influence offense and , therefore , the DOT had jurisdiction to suspend an operator ’ s license for a conviction under the Canadian statute .
Burgum v . Jaeger , et . al ., 2020 ND 251 . Filed 11-24-20 .
In this highly publicized case , the Supreme Court held that a governor ’ s constitutional authority to fill a gap in a state legislator ’ s seat does not apply when the law provides a method to fill that vacancy or gap . In this case , the candidate for the office of North Dakota state representative died before the general election , however , that deceased candidate received the second highest number of votes for the office . That vote count would have been sufficient for the person to be elected to the office ( had he not died ), because there were two available seats for the office in the election . Because the candidate died before the general election , the Governor announced his intention to appoint an individual of his choosing to fill the office the decedent would have filled had he lived . The Supreme Court concluded the Governor did not have that authority because North Dakota state law , namely N . D . C . C . § 16.1-13-10 , provides the statutory method to fill a legislative branch vacancy .
The Governor ’ s constitutional authority to fill a vacancy is contingent upon there being no other method provided by law . Because there was another method , the Governor had no authority to make an appointment to fill the vacancy and , therefore , his writ of mandamus request was denied .
Kuntz v . Leiss , et . al ., 2020 ND 253 . Filed 12-17-20 .
In this case , the Supreme Court held that a property owner must prove actual injury to property to recover more than nominal damages on a trespass claim .
Rentz v . BNSF Railway Co ., 2020 ND 254 . Filed 12-17-20 .
In this personal injury action , the Supreme Court reversed and remanded a multimillion-dollar civil damage judgment against the defendant in favor of the plaintiff and ordered a new trial . The primary reason for the reversal was the plaintiff ’ s counsel ’ s repeated introduction and admission ( over defense objections ) of improper liability testimony against the defendant through testimony of the defendant ’ s designated trial representative who admittedly lacked personal knowledge of the information the plaintiff ’ s counsel elicited through him . The Supreme Court stated the improper and inadmissible evidence affected the substantial rights of the defendant and was not harmless error under Rule 61 , N . D . R . Civ . P . Because the defendant ’ s substantial rights to a fair trial were affected by this , the Supreme Court held the district court abused its discretion in denying the defendant ’ s motion for a new trial . The roughly $ 13 million judgment was vacated and the case remanded for a new trial .
State v . Bolme , 2020 ND 255 . Filed 12-17-20 .
In this drug possession case , the Supreme Court held that a law enforcement officer possessed a reasonable suspicion and probable cause to initiate a traffic stop because the vehicle had a cracked windshield . Under the reasonable suspicion standard , an officer is not required to see a motorist violating a traffic law or rule out every potential innocent excuse for the behavior in question before stopping the vehicle for investigation . Moreover , the mere odor of marijuana from the vehicle detected by a trained and experienced officer creates a sufficient factual basis to establish probable cause to search the vehicle . The criminal conviction for drug possession was affirmed .
Three Aces Properties v . United Rentals , 2020 ND 258 . Filed 12-17-20 .
This is a case involving the appropriate measure of damages to apply in a breach of lease case related to the tenant ’ s duty to repair the leased premises . The Supreme Court held the lesser of the cost to repair or the diminution in value is the proper measure of damages for a breach of a duty to repair in a lease . The Court stated the rule for damages in construction contract cases is based
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