Paul M. Sand

Keith Lambott sued United Tribes Educational Technical Center for breach of his employment contract after the nonprofit failed to renew his position as a printing instructor for the 1982-83 academic year. The district court dismissed the action, finding that Lambott had presumptively received an internal memo regarding funding uncertainty that served as notice of non-renewal. The North Dakota Supreme Court reversed, holding that United Tribes breached the contract by not providing the required written notice from the Dean of Education by April 2, 1982, that the internal memo did not qualify as proper notice under the contract terms, and that the contingent funding provision did not excuse compliance with the notice requirement because BIA funding continued to exist. The court remanded the case for a determination of Lambott's damages.

labor & employment

The case involved a dispute over ownership of a 50% mineral interest in real property in Slope County, North Dakota. McLaughlin, successors to the original sellers (Moravecs), sued the Lambourns in a quiet title action claiming the mineral rights based on a 1952 quitclaim deed from FFMC to the Moravecs. The district court dismissed the claim, ruling that the 1950 contract for deed and subsequent warranty deed conveyed the property in fee simple to the Lambourns without reservation, and the North Dakota Supreme Court affirmed. The court applied the doctrine of estoppel by deed, finding that the Lambourns had relied on the conveyance without knowledge of any mineral reservation and that the sellers were barred from later asserting a conflicting interest in the minerals.

property

This case involved a product liability lawsuit by Ronald Keller against Vermeer Manufacturing Company and others after Keller suffered a severe arm injury while operating a Vermeer hay baler in 1979. Keller sued on theories including negligence in design, testing, labeling, and warnings, strict liability, and breach of warranties. The jury found Vermeer 50% at fault, Liberty Mutual 13% at fault, and Keller 37% contributorily negligent, awarding $800,000 in damages; the trial court entered judgment against Vermeer for $504,000 plus costs. On appeal, Vermeer challenged a jury instruction on momentary forgetfulness of a known danger, certain evidentiary rulings, and the award of costs and disbursements. The North Dakota Supreme Court affirmed the judgment and cost award, holding that the instruction was appropriate under comparative negligence principles, that the record supported its use, and that the trial court properly allowed the prevailing party's disbursements under state statute.

torts & liabilityprocedure

The case involved David Cunningham, who had separate employment contracts as a school principal and as a superintendent with Yellowstone Public School District No. 14. The school board terminated his principal position and abrogated his future superintendent contract after receiving complaints from teachers, following a hearing under North Dakota law. Cunningham appealed the terminations, arguing the board failed to properly consider the impact on his professional reputation. The court affirmed the termination of the principal contract, finding the board complied with the required procedures and standards under NDCC § 15-47-38. It dismissed the challenge to the superintendent contract for lack of subject matter jurisdiction, because the statute governing such hearings applies to principals but not superintendents.

labor & employmentprocedure

The case involves an appeal by Eldor Miller and Freedom Unlimited from a district court order for judgment in garnishment proceedings that were supplementary to a prior affirmed judgment in favor of Union State Bank. In the underlying action, the bank had garnished $16,000 in rental payments due to the Millers, Freedom Unlimited intervened claiming ownership of the payments as a common-law trust, and a jury found that the Millers had conveyed property to the trust with intent to defraud creditors, leading the trial court to award the funds to the bank. The North Dakota Supreme Court dismissed the appeal on the ground that the right to appeal is governed by statute and that an order for judgment is not an appealable order, depriving the court of jurisdiction.

procedure

The case involved the administrative suspension of Bruce Kobilansky's driver's license after a breathalyzer test indicated a blood alcohol concentration of 0.14 percent, which led to charges of driving while intoxicated. The North Dakota Supreme Court reviewed whether certified breathalyzer records and test results could be admitted at the Commissioner's hearing without testimony from the operator who administered the test. The district court had reversed the suspension, finding a due process violation, but the Supreme Court reversed that decision and reinstated the 90-day suspension. The court held that administrative hearings under state law are not strictly bound by the Rules of Evidence and may admit probative documentary evidence, with the driver having the option to subpoena the operator if needed.

criminal lawprocedure