Sauby v. City of Fargo

11:00am Monday, November 5, 2007
20070202 Stephanie Sauby, individually and
on behalf of those similarly situated, Plaintiff
v.
City of Fargo, Defendant

Nature of Action: Certified Question of Law (Civil)
Counsel:

Plaintiff: Vogel Law Firm
Defendant: Stacey Elizabeth Tjon , Asst. City Attorney
Defendant: Mike Miller , City Attorney
Amicus curiae: Jerald A. Hjelmstad
Amicus curiae: Aaron Grayson Birst

Issues: Appellant's Statement of the Issues:
May the City of Fargo, pursuant to its home rule charter, lawfully impose a fee for a violation, in the City of Fargo, of a Fargo ordinance regulating the operation or equipment of motor vehicles or regulating traffic that exceeds the limits for equivalent categories of violations set forth in N.D.C.C. 39-06.1-06?
Appellee's Statement of the Issues:
I. Whether The City Of Fargo, A "Home Rule" City, May Establish A Higher Fee Schedule For Non-Criminal Traffic Violations, Than The State Fee Schedule.
II. Whether "Home Rule" Cities Are Prohibited From Establishing Non-Criminal Traffic Penalties Which Exceed State-Imposed Penalties
III. Whether The North Dakota Criminal Code Provides That Fargo's Non-Criminal Traffic Violation Fee Schedule Is Unlawful.
IV. Whether State General Law Prohibits Fargo's Non-Criminal Traffic Violation Fee Schedule. V. Whether The District Court Decisions Holding That Fargo's Fees For Traffic Violations May Not Exceed The Fees Authorized By State Law Are Wrong.
VI. Whether Fargo's Ordinances Limit Fargo To The Amount Of Fees Established In N.D.C.C. 39-06.1-06.
VII. Whether Fargo's Traffic Offense Fee Schedule Violates The Constitution.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
Amicus Curiae 1 Brief
Amicus Curiae 2 Brief
Reply Brief
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