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34 North Dakota opinions name it 2 courts 1980–2025 4 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Johnson & Maxwell, Ltd. v. Lindgreen2 sentences2021“The motion for dismissal of the complaint should be granted only if it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted.” Johnson & Maxwell, Ltd. v. Lind, 288 N.W.2d 763, 765 (N.D. 1980). [¶7] Schmitz alleges in his complaint that the Board violated laws on access to public records and meetings. [¶8] Under N.D.C.C. § 44-04-18(1), all records of a public entity are public records, open and accessible for inspection during reasonable office hours, except as otherwise provided by law. 2001Construing Rose’s complaint in the light most favorable to him, we are unable to conclude it discloses “with certainty the impossibility of proving a claim upon which relief can be granted,” Johnson & Maxwell, Ltd., 288 N.W.2d at 765 , or that “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief,” id. [¶ T2] The judgment is reversed and the matter is remanded for further proceedings. [¶ 13] ROBERT 0. | 5 | 6 |
Williams v. Stategreen2 sentences2010“A district court should only grant a N.D.R.Civ.P. 12(b)(vi) motion ‘if it is disclosed with certainty the impossibility of proving a claim for which relief can be granted.’” Voigt v. State , 2008 ND 236, ¶ 6 , 759 N.W.2d 530 (quoting Williams v. State , 405 N.W.2d 615, 620 (N.D. 1987)). 2008A district court should only grant a N.D.R.Civ.P. 12(b)(vi) motion “if it is disclosed with certainty the impossibility of proving a claim for which relief can be granted.” Id. [¶ 7] AVhen a N.D.R.Civ.P. 12(b)(vi) dismissal is appealed, this Court “construefe] the complaint in the light most favorable to the plaintiff and ae-cept[s] as true the well-pleaded allegations in the complaint.” Vandall v. Trinity Hosps., 2004 ND 47, ¶ 5 , 676 N.W.2d 88 (citing Ziegelmann v. DaimlerChrysler Corp., 2002 ND 134, ¶ 5 , 649 N.W.2d 556 ). | 2 | 4 |
McCroskey v. Cass Countygreen2 sentences2007Tibert v. Minto Grain, LLC, 2004 ND 133, ¶ 7 , 682 N.W.2d 294 (quoting from McCroskey v. Cass County, 303 N.W.2d 330, 332 (N.D.1981)). 2004The motion for dismissal of the complaint should be granted only if it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted. *297 McCroskey v. Cass County, 303 N.W.2d 330, 332 (N.D.1981) (citations and quotations omitted). [¶ 8] Under North Dakota’s notice pleading requirements, a complaint need contain only “a short and plain statement of the claim showing that the pleader is entitled to relief.” N.D.R.Civ.P. 8(a); Estate of Hill, 492 N.W.2d 288, 296 (N.D.1992). | 2 | 3 |
Riverwood Commercial Park, L.L.C. v. Standard Oil Co.green2 sentences2019A district court should grant a motion to dismiss "only if it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted." Id. ; see also Riverwood Commercial Park v. Standard Oil Co. , 2007 ND 36 , ¶ 8, 729 N.W.2d 101 ; Kouba v. State , 2004 ND 186 , ¶¶ 4-6, 687 N.W.2d 466 . 2019A district court should grant a motion to dismiss "only if it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted." Id. ; see also Riverwood Commercial Park v. Standard Oil Co. , 2007 ND 36 , ¶ 8, 729 N.W.2d 101 ; Kouba v. State , 2004 ND 186 , ¶¶ 4-6, 687 N.W.2d 466 . | 2 | 2 |
Krebsbach v. Trinity Hospitals, Inc.green2 sentences2025See Krebsbach, 2020 ND 24, ¶ 8 (stating dismissal “should be granted only if it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted”). 2025See Krebsbach, 2020 ND 24, ¶ 8 (stating dismissal “should be granted only if it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted”). | 1 | 3 |
Lutz v. Krautergreen2 sentences2025In addition to Tamm’s claim that an easement was created by recording of the plat, “an easement may also be created by implication.” Lutz v. Krauter, 553 N.W.2d 749, 751 (N.D. 1996). 2025In addition to Tamm’s claim that an easement was created by recording of the plat, “an easement may also be created by implication.” Lutz v. Krauter, 553 N.W.2d 749, 751 (N.D. 1996). | 1 | 1 |
Matter of Estate of Hillgreen1 sentence2004The motion for dismissal of the complaint should be granted only if it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted. *297 McCroskey v. Cass County, 303 N.W.2d 330, 332 (N.D.1981) (citations and quotations omitted). [¶ 8] Under North Dakota’s notice pleading requirements, a complaint need contain only “a short and plain statement of the claim showing that the pleader is entitled to relief.” N.D.R.Civ.P. 8(a); Estate of Hill, 492 N.W.2d 288, 296 (N.D.1992). | 1 | 1 |
Newman v. Hjellegreen1 sentence1980Newman v. Hjelle, supra at 555. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tibert v. Minto Grain, LLC
green
2 sentences2019A district court should grant a motion to dismiss "only if it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted." Id. ; see also Riverwood Commercial Park v. Standard Oil Co. , 2007 ND 36 , ¶ 8, 729 N.W.2d 101 ; Kouba v. State , 2004 ND 186 , ¶¶ 4-6, 687 N.W.2d 466 . 2019Tibert , 2004 ND 133 , ¶ 7, 682 N.W.2d 294 . | 7 | 2004–2019 |
Lang v. Schafer
green
2 sentences2016Under N.D.R.Civ.P. 12(b)(6), a “complaint should not be dismissed unless ‘it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted.’ ” Id. (quoting Lang v. Schafer, 2000 ND 2, ¶ 7 , 603 N.W.2d 904 ). 2012Under N.D.R.Civ.P. 12(b)(vi), a “complaint should not be dismissed unless ‘it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted.’ ” Ziegelmann , at ¶ 5 (quoting Lang v. Schafer, 2000 ND 2, ¶ 7 , 603 N.W.2d 904 ). | 7 | 2002–2016 |
Lang v. Schafer
green
2 sentences2016Under N.D.R.Civ.P. 12(b)(6), a “complaint should not be dismissed unless ‘it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted.’ ” Id. (quoting Lang v. Schafer, 2000 ND 2, ¶ 7 , 603 N.W.2d 904 ). 2012Under N.D.R.Civ.P. 12(b)(vi), a “complaint should not be dismissed unless ‘it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted.’ ” Ziegelmann , at ¶ 5 (quoting Lang v. Schafer, 2000 ND 2, ¶ 7 , 603 N.W.2d 904 ). | 7 | 2002–2016 |
Towne v. Dinius
green
2 sentences2016“We will affirm a judgment dismissing a complaint for failure to state a claim if we cannot ‘discern a potential for proof to support it.’” Id. (quoting Towne v. Dinius, 1997 ND 125, ¶ 7 , 565 N.W.2d 762 ). 2016“We will affirm a judgment dismissing a complaint for failure to state a claim if we cannot ‘discern a potential for proof to support it.’” Id. (quoting Towne v. Dinius, 1997 ND 125, ¶ 7 , 565 N.W.2d 762 ). | 6 | 2002–2016 |
Ziegelmann v. DaimlerChrysler Corp.
green
2 sentences2011Under N.D.R.Civ.P. 12(b)(vi), a complaint should not be dismissed unless ‘it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted.’ Ziegelmann [v. DaimlerChrysler Corp. , 2002 ND 134, ¶ 5 , 649 N.W.2d 556 ] (quoting Lang v. Schafer , 2000 ND 2, ¶ 7 , 603 N.W.2d 904 ). 2011Under N.D.R.Civ.P. 12(b)(vi), a complaint should not be dismissed unless ‘it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted.’ Ziegelmann [v. DaimlerChrysler Corp. , 2002 ND 134, ¶ 5 , 649 N.W.2d 556 ] (quoting Lang v. Schafer , 2000 ND 2, ¶ 7 , 603 N.W.2d 904 ). | 4 | 2003–2011 |
Kouba v. State
green
2 sentences2020The motion for dismissal of the complaint should be granted only if it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted.” Nelson v. McAlester Fuel Co., 2017 ND 49, ¶ 20 , 891 N.W.2d 126 (quoting Kouba v. State, 2004 ND 186, ¶ 5 , 687 N.W.2d 466 ). 2020The motion for dismissal of the complaint should be granted only if it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted.” Nelson v. McAlester Fuel Co., 2017 ND 49, ¶ 20 , 891 N.W.2d 126 (quoting Kouba v. State, 2004 ND 186, ¶ 5 , 687 N.W.2d 466 ). | 3 | 2019–2020 |
Vandall v. Trinity Hospitals
green
2 sentences2008A district court should only grant a N.D.R.Civ.P. 12(b)(vi) motion “if it is disclosed with certainty the impossibility of proving a claim for which relief can be granted.” Id. [¶ 7] AVhen a N.D.R.Civ.P. 12(b)(vi) dismissal is appealed, this Court “construefe] the complaint in the light most favorable to the plaintiff and ae-cept[s] as true the well-pleaded allegations in the complaint.” Vandall v. Trinity Hosps., 2004 ND 47, ¶ 5 , 676 N.W.2d 88 (citing Ziegelmann v. DaimlerChrysler Corp., 2002 ND 134, ¶ 5 , 649 N.W.2d 556 ). 2008A district court should only grant a N.D.R.Civ.P. 12(b)(vi) motion “if it is disclosed with certainty the impossibility of proving a claim for which relief can be granted.” Id. [¶ 7] AVhen a N.D.R.Civ.P. 12(b)(vi) dismissal is appealed, this Court “construefe] the complaint in the light most favorable to the plaintiff and ae-cept[s] as true the well-pleaded allegations in the complaint.” Vandall v. Trinity Hosps., 2004 ND 47, ¶ 5 , 676 N.W.2d 88 (citing Ziegelmann v. DaimlerChrysler Corp., 2002 ND 134, ¶ 5 , 649 N.W.2d 556 ). | 3 | 2008–2015 |
Duemeland v. Norback
neutral
2 sentences2012“We will affirm a judgment dismissing a complaint for failure to state a claim if we cannot ‘discern a potential for proof to support it.’ ” Ziegelmann , at ¶ 5 (quoting Towne v. Dinius, 1997 ND 125, ¶ 7 , 565 N.W.2d 762 ). [¶ 14] Summary judgment under N.D.R.Civ.P. 56(c) is a procedural device for the prompt and expeditious disposition of any action without a trial “if either litigant is entitled to judgment as a matter of law and if no dispute exists as to either the material facts or the inferences to be drawn from undisputed facts, or if resolving factual disputes will not alter the result 2012“We will affirm a judgment dismissing a complaint for failure to state a claim if we cannot ‘discern a potential for proof to support it.’” Ziegelmann , at ¶ 5 (quoting Towne v. Dinius , 1997 ND 125, ¶ 7 , 565 N.W.2d 762 ). [¶14] Summary judgment under N.D.R.Civ.P. 56(c) is a procedural device for the prompt and expeditious disposition of any action without a trial “if either litigant is entitled to judgment as a matter of law and if no dispute exists as to either the material facts or the inferences to be drawn from undisputed facts, or if resolving factual disputes will not alter the result. | 2 | 2012–2012 |
Duemeland v. Norback
neutral
2 sentences2012“We will affirm a judgment dismissing a complaint for failure to state a claim if we cannot ‘discern a potential for proof to support it.’ ” Ziegelmann , at ¶ 5 (quoting Towne v. Dinius, 1997 ND 125, ¶ 7 , 565 N.W.2d 762 ). [¶ 14] Summary judgment under N.D.R.Civ.P. 56(c) is a procedural device for the prompt and expeditious disposition of any action without a trial “if either litigant is entitled to judgment as a matter of law and if no dispute exists as to either the material facts or the inferences to be drawn from undisputed facts, or if resolving factual disputes will not alter the result 2012“We will affirm a judgment dismissing a complaint for failure to state a claim if we cannot ‘discern a potential for proof to support it.’” Ziegelmann , at ¶ 5 (quoting Towne v. Dinius , 1997 ND 125, ¶ 7 , 565 N.W.2d 762 ). [¶14] Summary judgment under N.D.R.Civ.P. 56(c) is a procedural device for the prompt and expeditious disposition of any action without a trial “if either litigant is entitled to judgment as a matter of law and if no dispute exists as to either the material facts or the inferences to be drawn from undisputed facts, or if resolving factual disputes will not alter the result. | 2 | 2012–2012 |
Estate of Dionne
neutral
2 sentences2020On appeal, the complaint must be construed in the light most favorable to the plaintiff, taking as true the well-pleaded allegations in the complaint.” In re Estate of Dionne, 2013 ND 40, ¶ 11 , 827 N.W.2d 555 (internal quotation marks and citations omitted). 2020On appeal, the complaint must be construed in the light most favorable to the plaintiff, taking as true the well-pleaded allegations in the complaint.” In re Estate of Dionne, 2013 ND 40, ¶ 11 , 827 N.W.2d 555 (internal quotation marks and citations omitted). | 1 | 2020–2020 |
Nelson v. McAlester Fuel Company
green
2 sentences2020The motion for dismissal of the complaint should be granted only if it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted.” Nelson v. McAlester Fuel Co., 2017 ND 49, ¶ 20 , 891 N.W.2d 126 (quoting Kouba v. State, 2004 ND 186, ¶ 5 , 687 N.W.2d 466 ). 2020The motion for dismissal of the complaint should be granted only if it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted.” Nelson v. McAlester Fuel Co., 2017 ND 49, ¶ 20 , 891 N.W.2d 126 (quoting Kouba v. State, 2004 ND 186, ¶ 5 , 687 N.W.2d 466 ). | 1 | 2020–2020 |
Moseng v. Frey
neutral
1 sentence2019Moseng v. Frey, 2012 ND 220, ¶ 5 , 822 N.W.2d 464 . [¶9] “[A] necessary prerequisite to a proper declaratory judgment action is that there be a justiciable controversy underlying the declaration sought.” Brandvold, at ¶ 8. | 1 | 2019–2019 |
Moseng v. Frey
neutral
1 sentence2019Moseng v. Frey, 2012 ND 220, ¶ 5 , 822 N.W.2d 464 . [¶9] “[A] necessary prerequisite to a proper declaratory judgment action is that there be a justiciable controversy underlying the declaration sought.” Brandvold, at ¶ 8. | 1 | 2019–2019 |
Voigt v. State
neutral
2 sentences2010“A district court should only grant a N.D.R.Civ.P. 12(b)(vi) motion ‘if it is disclosed with certainty the impossibility of proving a claim for which relief can be granted.’” Voigt v. State , 2008 ND 236, ¶ 6 , 759 N.W.2d 530 (quoting Williams v. State , 405 N.W.2d 615, 620 (N.D. 1987)). 2010“A district court should only grant a N.D.R.Civ.P. 12(b)(vi) motion ‘if it is disclosed with certainty the impossibility of proving a claim for which relief can be granted.’” Voigt v. State , 2008 ND 236, ¶ 6 , 759 N.W.2d 530 (quoting Williams v. State , 405 N.W.2d 615, 620 (N.D. 1987)). | 1 | 2010–2010 |
Wells v. First American Bank West
green
1 sentence2002Accordingly, a court’s scrutiny of the pleadings should be deferential to the plaintiff, id., and the complaint should not be dismissed unless “it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted.” Lang v. Schafer, 2000 ND 2, ¶ 7 , 603 N.W.2d 904 . | 1 | 2002–2002 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.