Berger v. Sellers
Citations
- 2023 ND 171
Syllabus
A planned unit development is a form of zoning ordinance which is interpreted under rules of statutory construction. Where an incorporated reference is subsequently modified or repealed, that change does not alter the meaning of the law incorporating that reference. A party is not required to exhaust administrative remedies prior to suit when the issue concerns the interpretation of an unambiguous statute and does not need the exercise of an agency's expertise in making factual decisions. The interpretation of a restrictive covenant is generally governed by rules for interpretation of a contract. Restrictive covenants will be given full effect when clearly established. Whether a fiduciary relationship exists is generally a question of fact, dependent upon a showing of special circumstances. Violating a requirement in the planned unit development or restrictive covenants constitutes an \unlawful\ act for purposes of a statutory private nuisance claim. Homeowners do not have a right to sunlight and open space on adjacent properties. Conduct that constitutes a breach of contract does not subject the actor to an action in tort for negligence, unless the conduct also constitutes a breach of an independent duty that did not arise from the contract. Section 9-10-01, N.D.C.C., codifies the general duty of care to abstain from injuring property or infringing upon rights. Neighbors who are members of a homeowners' association owe each other an ordinary duty of care. A homeowners' association owes homeowners reasonable care in approving construction plans. The fact finder determines how a reasonable homeowners' association would act under the circumstances and whether the association exercised reasonable care in performing its duties. Generally, a contractor is relieved of liability if he followed the contractee's plans or specifications which were defective or insufficient, and the defect or insufficiency caused the damage. Slander is a false and unprivileged publication othe
Judges: Tufte, Jerod E.
Read full opinion on CourtListenerCited by
10 cases in this archive cite this case.
- N.D. Energy Services v. Lime Rock Resources III-ANorth Dakota Supreme Court· 2024-08-01· cited 6×
- Axvig v. CzajkowskiNorth Dakota Supreme Court· 2025-07-17· cited 2×
- Berger v. SellersNorth Dakota Supreme Court· 2023-09-28· cited 1×
- Estate of AlmerNorth Dakota Supreme Court· 2024-05-30· cited 1×
- Northstar Center v. Lukenbill Family Partnership, et al.North Dakota Supreme Court· 2024-11-21· cited 1×
- Northstar Center v. Lukenbill Family Partnership, et al.North Dakota Supreme Court· 2025-01-24· cited 1×
- N.D. Energy Services v. Lime Rock Resources III-A, et al.North Dakota Supreme Court· 2024-08-01
- Gravity Oilfield Services v. Valence Natural Gas SolutionsNorth Dakota Supreme Court· 2025-02-13
- Carpenter v. Southbay Homeowners AssociationNorth Dakota Supreme Court· 2025-06-18
- Haskell v. Grand Forks Public SchoolsNorth Dakota Supreme Court· 2026-02-12
Cites
28 cases in this archive are cited by this case; the 20 most cited are listed.
- Katzberg v. Regents of University of CaliforniaCalifornia Supreme Court· 2002-11-27· cited 155×
- WFND, LLC v. Fargo Marc, LLCNorth Dakota Supreme Court· 2007-05-07· cited 85×
- Olander Contracting Co. v. Gail Wachter InvestmentsNorth Dakota Supreme Court· 2002-04-16· cited 75×
- Becker v. BeckerNorth Dakota Supreme Court· 1978-04-04· cited 67×
- Medcenter One, Inc. v. North Dakota State Board of PharmacyNorth Dakota Supreme Court· 1997-04-01· cited 54×
- Trade 'N Post, L.L.C. v. World Duty Free Americas, Inc.North Dakota Supreme Court· 2001-06-14· cited 51×
- Hilton v. North Dakota Education Ass'nNorth Dakota Supreme Court· 2002-12-20· cited 41×
- Production Credit Ass'n of Fargo v. IstaNorth Dakota Supreme Court· 1990-01-25· cited 40×
- Glatt v. Bank of Kirkwood PlazaNorth Dakota Supreme Court· 1986-03-03· cited 36×
- Groleau v. Bjornson Oil Co., Inc.North Dakota Supreme Court· 2004-03-23· cited 35×
- Jones v. Boeing CompanyNorth Dakota Supreme Court· 1967-09-20· cited 35×
- Hagerott v. Morton County Board of CommissionersNorth Dakota Supreme Court· 2010-02-22· cited 33×
- State v. JulsonNorth Dakota Supreme Court· 1972-10-30· cited 33×
- Dewey v. StringerMontana Supreme Court· 2014-05-27· cited 32×
- Superior, Inc. v. Behlen Mfg. Co.North Dakota Supreme Court· 2007-08-24· cited 24×
- Pulkrabek v. Morton CountyNorth Dakota Supreme Court· 1986-06-19· cited 24×
- Wheeler v. Southport Seven Planned Unit DevelopmentNorth Dakota Supreme Court· 2012-09-27· cited 23×
- Rassier v. HouimNorth Dakota Supreme Court· 1992-08-19· cited 23×
- Dinger Ex Rel. Dinger v. Strata Corp.North Dakota Supreme Court· 2000-03-21· cited 22×
- Bassett v. LamantiaMontana Supreme Court· 2018-05-08· cited 18×
Other cases named Berger v. Sellers
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