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   State Courts - North Dakota - May 11, 2006

  
City of Lisbon v. Dahl, No. 20050388, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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City of Minot v. Hellebust, No. 20050372, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Clifford v. Redmann, No. 20050419, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Discip. Bd. v. Hellerud (In re Hellerud), No. 20050354, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Overview: Attorney was required to refund client fees for violating N.D. R. Prof. Conduct 1.5(a) & (b) as there were excessive hours billed, combined with a higher than average hourly rate; reprimand was appropriate under N.D. Stand. Imposing Law. Sanctions 4.13 and 7.3. Assessment of costs was appropriate under N.D. R. Law. Disc. 1.3(D).

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Feland v. J.M. (In the Interest of J.M.), No. 20050383, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Overview: Commitment as a sexually dangerous person was affirmed because the commitment was supported by clear and convincing evidence, and the claimant could not show he was prejudiced by the delay in holding the commitment hearing.

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Kaiser v. State, No. 20050319, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Knutson v. City of Fargo, No. 20050355, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Overview: Summary judgment in favor of a city after a city water main broke and flooded private property was affirmed because the property owners failed as a matter of law to establish inverse condemnation, trespass, or negligence; in part, the city had not committed any deliberate act to damage the property, and it had authority to install the water main.

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Lausen v. Hertz, No. 20050371, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Overview: A father's motion to modify custody based on a move was properly denied without an evidentiary hearing because he did not establish a prima facie case under N.D. Cent. Code § 14-09-06.6 since permission to relocate to another state was granted in a prior unappealed order.

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Miller v. C.S. (In the Interest of C.S.), No. 20060116, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Overview: Because the record did not show that appellant knowingly, intelligently, and voluntarily waived his right to counsel, an order committing him to treatment in the state hospital for one year and allowing the State to involuntarily medicate him was reversed.

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Roth v. State, No. 20050227, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Overview: Denial of motion for postconviction relief was reversed and remanded because the petitioner should have had the opportunity to have the merits of his ineffective assistance of counsel claim considered, when the petitioner's claims of ineffective assistance of his trial and appellate counsel had never been addressed.

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