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ROBERTS v. DEPT. OF HUMAN SERVICES

No. 20040277.

692 N.W.2d 922 (2005)

2005 ND 50

Helen V. ROBERTS, Petitioner and Appellant v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, Respondent and Appellee.

Supreme Court of North Dakota.

March 4, 2005.

Attorney(s) appearing for the Case

Michael Ward, Eaton, Van de Streek & Ward, Heritage Place, Minot, ND, for petitioner and appellant.

Jean R. Mullen, Assistant Attorney General, Office of Attorney General, Bismarck, ND, for respondent and appellee.

NEUMANN, Justice.

[¶ 1] Helen Roberts appealed from a judgment affirming the Department of Human Services' denial of her request for medicaid benefits. We conclude the Department's decision is supported by a preponderance of the evidence, and we affirm.

I

[¶ 2] In 1979, Roberts sold a quarter of land to her son, Daniel Kirk, under a document denominated as a mortgage deed1 that required Kirk to pay Roberts ...

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