7 North Dakota opinions name it 1 courts 1948–2017 0 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 |
|---|---|---|
Iverson v. Tweedengreen2 sentences2003In In Interest of McMullen, 470 N.W.2d 196, 198-99 (N.D.1991), we outlined criteria from Iverson v. Tweeden, 78 N.D. 132, 138-40 , 48 N.W.2d 367, 370-71 (1951), for obtaining declaratory relief: The requisite precedent facts or conditions which the courts generally hold must exist in order that declaratory relief may be obtained may be summarized as follows: (1) there must exist a justiciable controversy; that is to say, a controversy in which a claim of right is asserted against one who has an interest in contesting it; (2) the controversy must be between persons whose interests are adverse; 2003In In Interest of McMullen, 470 N.W.2d 196, 198-99 (N.D.1991), we outlined criteria from Iverson v. Tweeden, 78 N.D. 132, 138-40 , 48 N.W.2d 367, 370-71 (1951), for obtaining declaratory relief: The requisite precedent facts or conditions which the courts generally hold must exist in order that declaratory relief may be obtained may be summarized as follows: (1) there must exist a justiciable controversy; that is to say, a controversy in which a claim of right is asserted against one who has an interest in contesting it; (2) the controversy must be between persons whose interests are adverse; | 2 | 4 |
In Interest of McMullengreen2 sentences2003In In Interest of McMullen, 470 N.W.2d 196, 198-99 (N.D.1991), we outlined criteria from Iverson v. Tweeden, 78 N.D. 132, 138-40 , 48 N.W.2d 367, 370-71 (1951), for obtaining declaratory relief: The requisite precedent facts or conditions which the courts generally hold must exist in order that declaratory relief may be obtained may be summarized as follows: (1) there must exist a justiciable controversy; that is to say, a controversy in which a claim of right is asserted against one who has an interest in contesting it; (2) the controversy must be between persons whose interests are adverse; 1997Under NDCC 32-23-02, “[a]ny person ... whose rights, status, or other legal relations are affected by a statute ... may have determined any question of construction ... arising under the ... statute ... and may obtain a declaration of rights, status, or other legal relations thereunder.” [¶ 10] We outlined in McMullen, 470 N.W.2d at 198-99 , the basic framework from Iverson v. Tweeden, 78 N.D. 132 , 48 N.W.2d 367, 370 (1951), for assessing the suitability of declaratory relief: The requisite precedent facts or conditions which the courts generally hold must exist in order that declaratory reli | 1 | 2 |
State v. J.P. Lamb Land Co.green1 sentence2017Lamb Land Co., 359 N.W.2d 368, 369 (N.D. 1984). [¶ 9] This Court long ago described the prerequisites which must be present to enable a district court to order declaratory relief: The requisite precedent facts or conditions which the courts generally hold must exist in order that declaratory relief may be obtained may be summarized as follows: (1) there must exist a justicia-ble controversy; that is to say, a controversy in which a claim of right is asserted against one who has an interest in contesting it; (2) the controversy must be between persons whose interests are adverse; (3) the party | 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 |
|---|---|---|
State ex rel. La Follette v. Dammann
green
2 sentences1969LaFollette v. Dammann, 220 Wis. 17 , 264 N.W. 627 , 103 A.L.R. 1089 : “The requisite precedent facts or conditions which the courts generally hold must exist in order that declaratory relief may be obtained may be summarized as follows: (1) there must exist a justiciable controversy; that is to say, a controversy in which a claim of right is asserted against one who has an interest in contesting it; (2) the controversy must be between persons whose interests are adverse; (3) the party seeking declaratory relief must have a legal interest in the controversy, that is to say, a legally protectibl 1969LaFollette v. Dammann, 220 Wis. 17 , 264 N.W. 627 , 103 A.L.R. 1089 : “The requisite precedent facts or conditions which the courts generally hold must exist in order that declaratory relief may be obtained may be summarized as follows: (1) there must exist a justiciable controversy; that is to say, a controversy in which a claim of right is asserted against one who has an interest in contesting it; (2) the controversy must be between persons whose interests are adverse; (3) the party seeking declaratory relief must have a legal interest in the controversy, that is to say, a legally protectibl | 3 | 1948–1969 |
Park District City of Fargo v. City of Fargo
green
2 sentences1969Langer v. State, 69 N.D. 129 , 284 N.W. 238 ; Asbury Hospital v. Cass County, 72 N.D. 359 , 7 N.W.2d 438 ; Ginakes v. Johnson, 75 N.D. 164 , 26 N.W.2d 368 ; Iverson v. Tweeden, N.D., 48 N.W.2d 367 ; Park District City of Fargo v. City of Fargo, N.D., 129 N.W.2d 828 . 1969Langer v. State, 69 N.D. 129 , 284 N.W. 238 ; Asbury Hospital v. Cass County, 72 N.D. 359 , 7 N.W.2d 438 ; Ginakes v. Johnson, 75 N.D. 164 , 26 N.W. 2d 368 ; Iverson v. Tweeden, N.D., 48 N.W.2d 367 ; Park District City of Fargo v. City of Fargo, N.D., 129 N.W.2d 828 . | 1 | 1969–1969 |
Langer v. State
green
2 sentences1969Langer v. State, 69 N.D. 129 , 284 N.W. 238 ; Asbury Hospital v. Cass County, 72 N.D. 359 , 7 N.W.2d 438 ; Ginakes v. Johnson, 75 N.D. 164 , 26 N.W. 2d 368 ; Iverson v. Tweeden, N.D., 48 N.W.2d 367 ; Park District City of Fargo v. City of Fargo, N.D., 129 N.W.2d 828 . 1969Langer v. State, 69 N.D. 129 , 284 N.W. 238 ; Asbury Hospital v. Cass County, 72 N.D. 359 , 7 N.W.2d 438 ; Ginakes v. Johnson, 75 N.D. 164 , 26 N.W. 2d 368 ; Iverson v. Tweeden, N.D., 48 N.W.2d 367 ; Park District City of Fargo v. City of Fargo, N.D., 129 N.W.2d 828 . | 1 | 1969–1969 |
Asbury Hospital v. Cass County
green
2 sentences1969Langer v. State, 69 N.D. 129 , 284 N.W. 238 ; Asbury Hospital v. Cass County, 72 N.D. 359 , 7 N.W.2d 438 ; Ginakes v. Johnson, 75 N.D. 164 , 26 N.W. 2d 368 ; Iverson v. Tweeden, N.D., 48 N.W.2d 367 ; Park District City of Fargo v. City of Fargo, N.D., 129 N.W.2d 828 . 1969Langer v. State, 69 N.D. 129 , 284 N.W. 238 ; Asbury Hospital v. Cass County, 72 N.D. 359 , 7 N.W.2d 438 ; Ginakes v. Johnson, 75 N.D. 164 , 26 N.W. 2d 368 ; Iverson v. Tweeden, N.D., 48 N.W.2d 367 ; Park District City of Fargo v. City of Fargo, N.D., 129 N.W.2d 828 . | 1 | 1969–1969 |
Ginakes v. Johnson
neutral
2 sentences1969Langer v. State, 69 N.D. 129 , 284 N.W. 238 ; Asbury Hospital v. Cass County, 72 N.D. 359 , 7 N.W.2d 438 ; Ginakes v. Johnson, 75 N.D. 164 , 26 N.W. 2d 368 ; Iverson v. Tweeden, N.D., 48 N.W.2d 367 ; Park District City of Fargo v. City of Fargo, N.D., 129 N.W.2d 828 . 1969Langer v. State, 69 N.D. 129 , 284 N.W. 238 ; Asbury Hospital v. Cass County, 72 N.D. 359 , 7 N.W.2d 438 ; Ginakes v. Johnson, 75 N.D. 164 , 26 N.W. 2d 368 ; Iverson v. Tweeden, N.D., 48 N.W.2d 367 ; Park District City of Fargo v. City of Fargo, N.D., 129 N.W.2d 828 . | 1 | 1969–1969 |
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.