Lapp v. ND Dept. of Transportation

20010040 Roger D. Lapp, Petitioner and Appellee
v.
North Dakota Department
of Transportation, Respondent and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Robert O. Wefald
Nature of Action: Transportation Dept.
Counsel:
Appellant: Reid Alan Brady , Att. General Office
Appellee: Vinje Law Firm
Appellant: Andrew Moraghan , Att. General Office
Term: 05/2001   Argument: 05/31/2001  9:30am
ND cite: 2001 ND 140
NW cite: 632 N.W.2d 419

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Issues: Appellant's Statement of the Issues:
Whether there were sufficient grounds justifying the encounter between Officer Huber and Lapp.

Appellee's Statement of the Issues:
Issue One: The Hearing Officer erred in making findings of fact which were clearly erroneous.
Issue Two: The Hearing Officer erred in concluding that Huber's opening of Lapp's door and asking for identification was not a violation of the fourth amendment and even greater protection under article I, section 8 of the North Dakota constitution.
Issue Three: The Hearing Officer's conduct was prejudicial to Lapp and warrant's reversal in the interests of justice.

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Docket entries:
102/07/2001 NOTICE OF APPEAL: 02/05/2001
202/07/2001 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
303/07/2001 RECORD ON APPEAL & Transcript of Testimony of Administrative Hearing dated 8-14-00
403/12/2001 DISK - TRA of Admin. Hearing
503/19/2001 APPELLANT BRIEF
603/19/2001 APPELLANT APPENDIX
703/21/2001 Additional copy of Appendix
803/21/2001 corrected Table of Contents and pages 58, 62, and 101 for ATA
904/19/2001 SITTING WITH THE COURT: Leclerc, Lawrence A.
1004/25/2001 MOT. EXT/TIME APPELLEE BRIEF
1104/25/2001 ACTION BY CLERK (MAE). Granted: 04/25/2001
1204/25/2001 APPELLEE BRIEF
1304/25/2001 DISK of AEB
1404/27/2001 Letter dated 4-26-01 from Chad R. McCabe re correction to ATB (Distributed w/briefs)
1505/07/2001 Corrected page 20 for AEB
1605/07/2001 DISK - AEB (Corrected)(e-mailed)
1705/08/2001 MOT. EXT/TIME REPLY BRIEF
1805/08/2001 ACTION BY CLERK. Granted: 05/16/2001
1905/16/2001 REPLY BRIEF
2005/16/2001 DISK (electronically filed)
2105/31/2001 APPEARANCES: Reid A. Brady, Andrew Moraghan; Chad R. McCabe
2205/31/2001 ARGUED: Brady; McCabe (Vol. X; page 139)
2305/31/2001 ORAL ARGUMENT WEBCAST
2407/25/2001 DISPOSITION: REVERSED
2507/25/2001 UNANIMOUS OPINION: Neumann, William A.
2607/25/2001 Costs on appeal taxed in favor of Appellant
2707/26/2001 Order/Judgment Mailed to Parties
2808/16/2001 MANDATE
2908/20/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3007/31/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/18/2014