Writ of Mandamus (Civil

Wutzke v. Hoberg , 2004 ND 42, 675 N.W.2d 179 A party seeking a writ of mandamus bears the burden of demonstrating a clear legal right to the performance of the particular acts to be compelled by the writ and must demonstrate there is no other plain, speedy, and adequate remedy in the ordinary course of law. Continental Resources, Inc. v. Schmalenberger , 2003 ND 26, 656 N.W.2d 730 Without a former client's consent, a lawyer may not represent another client in the same or a substantially related matter in which that client's interests are materially adverse to the interest of the former client. Wilson v. Koppy , 2002 ND 179, 653 N.W.2d 68 Mandamous is not available when there is another remedy at law. Burley v. ND Dept. of Transportation , 1999 ND 232, 603 N.W.2d 490 A driver who failed to timely request a hearing may not compel one by mandamus. Frank v. Traynor , 1999 ND 183, 600 N.W.2d 516 A Workers Compensation Bureau determination that a request for rehearing is not timely or sufficient is appealable. A district court does not abuse its discretion in denying a writ of mandamus if the petitioner has a plain, speedy, and adequate remedy in the ordinary course of law through a direct appeal from an administrative decision. Robot Aided Mfg. Inc., Explore Information Services v. Moore , 1999 ND 14, 589
N.W.2d 187

A request for monthly copies of traffic convictions, admissions, and adjudications reported to the DOT is subject to the "reasonable fee" requirement under N.D.C.C. 44-04-18(2), and not the three dollar fee requirement for an abstract under N.D.C.C. 39-16-03. Kadlec v. Greendale Township Board of Supervisors , 1998 ND 165, 583 N.W.2d 817 A board of township supervisors, not a water resource district, has the authority to install culverts in township roads when necessary to preserve the natural drainage of surface waters. The owner of the lower, or servient, estate must receive surface water from the upper or dominant estate in its natural flow, and neither the owner of the upper land nor the owner of the lower land may interfere with the natural drainage so as to injure the rights of the other. Exhaustion of remedies before a writ of mandamus can be issued is not required if exhaustion would be futile or if the case involves only the interpretation of an unambiguous statute. Krabseth v. Moore , 1997 ND 224, 571 N.W.2d 146 To avoid revocation of driving privileges for refusing a chemical test, a DUI arrestee must plead guilty and file an affidavit with the Department of Transportation within 25 days after the arresting officer issues a temporary permit. Where the arrestee pleads guilty but does not file an affidavit within 25 days, the

district court abuses its discretion in issuing a writ of mandamus directing the Department to suspend driving privileges for 91 days on the DUI conviction in lieu of a one-year revocation for refusing to test. Adams County Record v. GNDA , 1997 ND 116, 564 N.W.2d 304 The trial court's finding that the Greater North Dakota Association is not an organization supported by public funds and, therefore, is not subject to the open records law was not clearly erroneous. Mutuality of obligation, apart from legal consideration, is not necessary to create a binding unilateral contract. The state's agreement to provide the Greater North Dakota Association monetary reimbursement when the Association published Horizons magazine constituted a bargained-for exchange of money and services, rather than public support. Heringer v. Haskell , 536 N.W.2d 362 (N.D. 1995) Huseby v. Jaeger , 534 N.W.2d 811 (N.D. 1995) Fibelstad v. Glaser , 497 N.W.2d 425 (N.D. 1993) State ex rel. Spaeth v. Meiers , 403 N.W.2d 392 (N.D. 1987) McCallum v. City Commissioners of the City of Bismarck , 393 N.W.2d 263 (N.D. 1986) Forum Publishing Co. v. City of Fargo , 391 N.W.2d 169 (N.D. 1986) Lee v. Walstad , 368 N.W.2d 542 (N.D. 1985) Lang v. Glaser , 359 N.W.2d 884 (N.D. 1985) State, ex rel. Lesmeister v. Olson , 354 N.W.2d 690 (N.D. 1984) MiniMart, Inc. v. City of Minot , 347 N.W.2d 131 (N.D. 1984) Hennebry v. Hoy , 343 N.W.2d 87 (N.D. 1983) Haugland v. Meier , 339 N.W.2d 100 (N.D. 1983) State, ex rel. Olson v. Bakken , 329 N.W.2d 575 (N.D. 1983) State, ex rel. Peterson v. Olson , 307 N.W.2d 528 (N.D. 1981) Newman Signs, Inc. v. Hjelle , 300 N.W.2d 860 (N.D. 1980) Blomquist v. Clague , 290 N.W.2d 235 (N.D. 1980) City of Fargo v. Cass County , 286 N.W.2d 494 (N.D. 1979) Dorgan v. Kouba , 274 N.W.2d 167 (N.D. 1978) Dorgan v. Gasser , 274 N.W.2d 173 (N.D. 1978) Dorgan v. Mercil , 269 N.W.2d 99 (N.D. 1978) Guariglia v. North Dakota State Board of Architecture , 268 N.W.2d 478 (N.D. 1978) Leonard v. Medlang , 264 N.W.2d 481 (N.D. 1978) Judson PTO v. New Salem School Board , 262 N.W.2d 502 (N.D. 1978)
Generated from Supreme Court Docket on 08/04/04

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