GO Committee v. City of Minot
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| 20040367 |
GO Committee, by and through
its spokesperson Robert Hale,
and Dr. Jerome Schuler, and
Ward County Farm Bureau, by
and through its representative
John Fjeldahl, Plaintiffs, Appellees
and Cross-Appellants
v.
City of Minot, Defendant, Appellant
and Cross-Appellee
|
| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Gail H. Hagerty |
|
Nature of Action: |
Other (Civil)
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| Counsel: |
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| Term: |
05/2005 Argument: 05/09/2005 10:45am
|
| ND cite: |
2005 ND 136
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| NW cite: |
701 N.W.2d 865
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Did the City act properly when consistent with a policy it had followed uniformly for decades and as specifically authorized and required in annual budget ordinances enacted subsequent to Ordinance 3560 (a more general ordinance which arguably
provided otherwise) it allocated certain interest earnings to its General Fund, rather than to the special fund set up by said Ordinance 3560?
2. Did the City of Minot stray from the "range of reasonableness" when it decided to apportion sales tax revenues among various funds entitled thereto by use of a mathematical formula, which formula was derived by way of extrapolation from its prior
experience in a very similar situation?
Appellee's Statement of the Issues:
1. Whether the City violated its own ordinance and the vote of the people approving that ordinance by diverting the interest derived from the NAWS funds to the general fund.
2. Whether the lower court's decision relating to distribution of the NAWS funds is correct.
3. Whether the City violated its own ordinance and the vote of the people approving that ordinance by using the NAWS funds to upgrade the City's own water treatment plant.
4. Whether the City violated its own ordinance and the vote of the people approving that ordinance by using the NAWS funds to cover the City's deficit in its economic development account and whether the lower court erred in not requiring the City to
place the NAWS funds in a separate account.
5. Whether the lower court erred in not granting an injunction against the City prohibiting city officials from providing "incorrect information" relating to the NAWS fund.
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| 1 | | 12/17/2004 | |
NOTICE OF APPEAL: 12/16/2004 |
| 2 | | 12/17/2004 | |
ORDER FOR TRANSCRIPT: 12/16/2004 |
| 3 | | 12/27/2004 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 4 | | 12/27/2004 | |
NOTICE OF CROSS APPEAL (filed in trial court on 12-22-04) |
| 5 | | 01/12/2005 | |
Acknowledgement of Order for Transcript |
| 6 | | 01/20/2005 | |
RECORD ON APPEAL (2 Volumes) including separate exhibits and depositions (10) |
| 7 | | 02/01/2005 | |
TRANSCRIPT DATED September 27, 2004 |
| 8 | | 02/01/2005 | |
DISK - transcript dated 9-27-04 |
| 9 | | 02/01/2005 | |
Certificate of Service of Copies of the Transcript |
| 10 | | 03/04/2005 | |
REQ.EXT/TIME APPELLEE BRIEF & Affidavit in Support |
| 11 | | 03/04/2005 | |
E-FILED MOTION (Req/Ext/AEB) |
| 12 | | 03/04/2005 | |
NO ACTION TAKEN (Req/Ext/Time/AEB) |
| 13 | | 03/07/2005 | |
APPELLANT BRIEF |
| 14 | | 03/07/2005 | |
APPELLANT APPENDIX |
| 15 | | 03/08/2005 | |
DISK of ATB |
| 16 | | 04/07/2005 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 17 | | 04/08/2005 | |
ACTION BY CHIEF DEPUTY CLERK (MAE). Granted: 04/07/2005 |
| 18 | | 04/07/2005 | |
APPELLEE BRIEF |
| 19 | | 04/12/2005 | |
Corrected TOA, and pages for AEB |
| 20 | | 04/12/2005 | |
DISK - AEB (e-mailed) |
| 21 | | 04/14/2005 | |
Reset briefing schedule for reply briefs, if any. |
| 22 | | 04/14/2005 | |
ACTION BY CLERK (AT/Cross-Appellee's RYB, if any, due in this office by noon 4-20-05; and. Granted: 04/20/2005 |
| 23 | | 04/14/2005 | |
the AE/Cross-Appellants' RYB would then be due in this office by noon on 5-04-05) |
| 24 | | 04/19/2005 | |
SITTING WITH THE COURT: Graff, Benny A. |
| 25 | | 04/20/2005 | |
REPLY BRIEF of Appellant and Cross-Appellee |
| 26 | | 04/21/2005 | |
DISK - RYB of Appellant & Cross-Appellee |
| 27 | | 05/04/2005 | |
REPLY BRIEF of Appellees and Cross-Appellants |
| 28 | | 05/05/2005 | |
DISK - RYB of Appellees & Cross-Appellants |
| 29 | | 05/06/2005 | |
Letter from Lynn Boughey dated 5-6-05 RE: reason for lateness of RYB (faxed) |
| 30 | | 05/09/2005 | |
APPEARANCES: Nevin Van de Streek; Lynn M. Boughey |
| 31 | | 05/09/2005 | |
ARGUED: Van de Streek; Boughey (Vol. Z; pg. 121) |
| 32 | | 05/09/2005 | |
ORAL ARGUMENT WEBCAST |
| 33 | | 05/12/2005 | |
Letter (Fax) from Lynn Boughey dated 5-12-05 regarding a check of Westlaw case check in response |
| 34 | | 05/12/2005 | |
to oral argument question. |
| 35 | | 07/20/2005 | |
DISPOSITION: AFFIRMED/PT, REVERSED/PT |
| 36 | | 07/20/2005 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 37 | | 07/20/2005 | |
At the direction of the Court, no costs are assessed |
| 38 | | 07/20/2005 | |
Judgment Mailed to Parties |
| 39 | | 08/12/2005 | |
MANDATE |
| 40 | | 08/19/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |