North Dakota Injunction Law

Mark Splonskowski v. Erika White, et al.

Minot, North Dakota civil rights lawyers represented the Plaintiff who sued the Defendant challenging the constitutionality of a North Dakota state statute. COMPLAINT Plaintiff Mark Splonskowski brings this action for declaratory and permanent injunctive relief against Defendant Erika White in her official capacity as the State Election Director of North Dakota, alleging ... More...

$0 (02-02-2024 - ND)

Steven Mark Orwig v. Mary Caroline Orwig

<center><h3><h2> Bismarck, ND - Divorce lawyer represented appelant with a divorce judgment distributing the parties' property. </h3></center> In September 2016, Steven Orwig sued Mary Orwig for divorce. They coowned Orwig's Livestock Supplements, Inc. ("OLSâ€); Orwigs Tubs International, Inc. ("OTIâ€); and MVP... More...

$0 (02-01-2022 - ND)

Darwin and Jean Krenz v. XTO Energy, Inc.

[¶1] XTO Energy, Inc., appeals and Darwin and Jean Krenz cross-appeal from a judgment awarding the Krenzes $800,000 for a pipeline trespass and ordering the parties to abide by certain documents for their future relationship after the district court construed a pipeline easement to authorize one pipeline on the Krenzes' land and found XTO's unauthorized construction and operation of a second pipe... More...

$0 (02-16-2017 - ND)

Black Gold OilField Services, LLC, v. The City of Williston

Black Gold owns the Black Gold Williston Lodge, a temporary workforce housing facility commonly known as a man camp, which has 322 rooms and 400 beds primarily for workers in the Bakken oilfield and was initially located on land outside the Williston city limits in Williams County. Black Gold has operated the Lodge since March 2011, initially operating under a temporary use permit issued by Willia... More...

$0 (02-22-2016 - ND)

MKB Management Corp. v. Wayne Stenehjem

This case presents the question whether, given the current state of medical science, a state generally may prohibit physicians from aborting unborn children who possess detectable heartbeats. The district court 1 held that it may not. Because United States Supreme Court precedent does not permit us to reach a contrary result, we affirm. I. North Dakota has, for a number of ... More...

$0 (07-22-2015 - ND)

River Park Condominiums Unit Owners Association v. Lucas

[¶1] A. William Lucas appealed a district court judgment entered November 10, 2003, and memorandum opinions and orders dated July 15, 2002; October 29, 2002; January 21, 2003; April 28, 2003; July 29, 2003; September 10, 2003; and October 6, 2003, in an action by Riverside Park Condominiums Unit Owners Association ("Association") to enforce a pet restriction. The Association cross-appealed from a... More...

$0 (01-25-2005 - ND)

John Riedlinger v. Steam Brothers, Inc. d/b/a Steam Brothers Carpet Cleaning

[¶1] Steam Brothers, Inc., doing business as Steam Brothers Carpet Cleaning, appealed from a summary judgment in a declaratory judgment action by John Riedlinger, Dale Stroh, Kevin Vetter, Leo Horner, and Duane Leier, five individuals with separate license agreements creating business relationships with Steam Brothers (collectively referred to as "licensees"), in which the district court decided ... More...

$0 (01-28-2013 - ND)

Red River Freethinkers v. City of Fargo

Government displays of the Ten Commandments sometimes will violate the Establishment Clause of the First Amendment, see McCreary Cnty., Ky. v. ACLU of Ky., 545 U.S. 844 (2005), other times they will not, see Van Orden v. Perry, 545 U.S. 577 (2005). This appeal presents the question whether a city commission's adoption of an initiated ordinance that in effect countermanded the commission's e... More...

$0 (05-25-2012 - ND)

Center for Special Needs, etc. v. Carol Olson, etc.

This case addresses the effect of a pooled special-needs trust created by an over-65-year-old beneficiary on his Medicaid benefits. The Center for Special Needs Trust Administration, a section 501(c)(3) non-profit, appeals a summary judgment in favor of the North Dakota Department of Human Services. Invoking 42 U.S.C. Â§ 1983 and the Constitution's Supremacy Clause, Article VI, clause 2, the Cen... More...

$0 (04-16-2012 - ND)

Alvin Peterson v. Todd Sando

. [¶1] Alvin Peterson appealed and the State Engineer, Todd Sando, cross-appealed from a district court judgment affirming in part and reversing in part a State Engineer order determining there was an unauthorized dam on Peterson's property in Walsh County and requiring Peterson to construct a drainage ditch to maintain water impounded by the dam at a level of 1543.5 feet mean sea level. T... More...

$0 (10-20-2011 - ND)

A. William Lucas v. Riverside Park Condominiums Union Owners Association

[¶1] A. William Lucas appeals from an amended judgment dismissing his action against Riverside Park Condominiums Unit Owners Association under the federal Fair Housing Act and the state Housing Discrimination Act for failing to grant him an accommodation for his disability, and awarding the Association its costs and attorney fees. We conclude the district court did not err in granting summary jud... More...

$0 (12-22-2009 - ND)

CDI Energy Services v. West River Pumps

CDI Energy Services, Inc. ("CDIâ€), sells and services equipment for use in the oilfield industry. CDI maintained a field office in Dickinson, North Dakota, with three employees, John Martinson, Dale Roller, and Kent Heinle. CDI alleges that these men started a competing company, West River Pumps, Inc. ("West Riverâ€), stole proprietary information, and solicited business from CDI's clie... More...

$0 (05-29-2009 - ND)

<a href="http://www.ca8.uscourts.gov/opndir/04/08/032939P.pdf" target="_new">Paracelsus v. Philips Medical</a>

Paracelsus Medical Corp. appeals the district court's1 grant of summary judgment finding Paracelsus's breach of warranty claim barred by expiration of the statute of limitations. We affirm. -2- I This is a breach of warranty claim involving a Philips Integris H5000-C Cardiac Imaging Device. Philips Medical manufactured the device which was marketed and sold to Diagnostic Medic... More...

$0 (08-05-2004 - ND)

<a href="http://www.court.state.nd.us/COURT/OPINIONS/20000342.htm" target="_new">L.A. Braunagel v. City of Devils Lake</a>

[1] L.A. Braunagel appealed from a summary judgment dismissing his action against the City of Devils Lake ("the City") seeking a declaratory judgment and injunction directing the City to annex certain property or, alternatively, seeking damages for inverse condemnation. We affirm. I. [2] Braunagel owns a parcel of property adjacent to the City. The property has at all times been zoned for a... More...

$0 (07-10-2001 - ND)