New opinions: February 5, 2026

Highlight: NDIC is a creature of statute and only has the authority expressly granted by the legislature or necessarily implied from the legislature's express grant of authority. Section 38-08-04(1)(c), N.D.C.C., provides NDIC authority to allocate oil and gas production from an overlapping spacing unit to an underlying base spacing unit.

NDIC failed to regularly pursue its authority when issuing the order allocating oil and gas production from an overlapping spacing unit to an underlying base spacing unit because it failed to modify the existing pooling orders under N.D.C.C. § 38-08-07, and failed to follow statutory procedures.

An NDIC order allocating oil and gas production from an overlapping spacing unit to an underlying base spacing unit is vacated.

Highlight: The subject matter of a contract is governed by relevant statutory law. This general principle does not operate to transform an action based on statutory rights into a contract claim.

A claim for unjust enrichment may be grounded in contract or tort law. Whether a claim for unjust enrichment sounds in tort or contract depends upon the factual basis underlying the claim. When the unjust enrichment allegations are predicated on tortious conduct, such as misrepresentation or fraud, the claim is properly characterized as one arising in tort.

Highlight: A district court's order denying a motion to change venue is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Highlight: A district court judgment awarding joint and equal residential responsibility of a minor child is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of J.C. 2026 ND 28
Docket No.: 20250378
Filing Date: 2/5/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of S.C.Y.
Docket No.: 20250379
Filing Date: 2/5/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7) and (8).

Hughes v. Waters 2026 ND 20
Docket No.: 20250364
Filing Date: 2/5/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Jensen, Jon J.

Highlight: A child's home state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is one in which a child has lived with a parent or a person acting as a parent for at least six months immediately before the commencement of a child custody proceeding. N.D.C.C. § 14-14.1-01(6). When North Dakota is not a child's home state, the UCCJEA still permits a North Dakota court to assume jurisdiction over a child custody proceeding in several circumstances, including when: (1) no other courts have home state jurisdiction; (2) no other courts with home state jurisdiction have declined jurisdiction on the ground North Dakota was the more appropriate forum; and (3) no other courts with jurisdiction (whether home state or otherwise) have declined jurisdiction on the ground that North Dakota was the more appropriate forum. N.D.C.C. § 14-14.1-12(1)(d).

Highlight: A district court order denying a petition to terminate parental rights and for adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2)

Interest of M.M. 2026 ND 27
Docket No.: 20250430
Filing Date: 2/5/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Haskins 2026 ND 23
Docket No.: 20250091
Filing Date: 2/5/2026
Case Type: Appeal - Criminal - Homicide
Author: Bahr, Douglas Alan

Highlight: Rule 11, N.D.R.Crim.P., does not require courts to specifically address a defendant's age, education, mental capacity, background, or experience during the plea colloquy.

Courts have no duty under Rule 11 to inquire about or rule out potential affirmative defenses before accepting a guilty plea. A guilty plea generally waives all non-jurisdictional claims and defenses, including constitutional, procedural, and statutory defenses.

Rule 11(b)(3) requires the court to determine a factual basis exists before entering judgment on a guilty plea. The factual basis must satisfy all elements of the charged crime and be sufficiently precise and specific on the record.

Even when a Rule 11 violation constitutes obvious error, the defendant must demonstrate the error affected substantial rights.

A sentence within the statutory range and the range contemplated in the plea agreement is generally not grossly disproportionate under Eighth Amendment analysis.