GO Committee v. City of Minot

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
City of Minot, Defendant, Appellant
and Cross-Appellee

Appeal from: District Court, North Central Judicial District, Ward County
Judge Gail Hagerty
Nature of Action: Other (Civil)
Appellant: Nevin Van de Streek , City Attorney
Appellee: Boughey Law Firm
Term: 05/2005   Argument: 05/09/2005
ND cite: 2005 ND 136
NW cite: 701 N.W.2d 865

Listen to recording of oral argument in MP3 format

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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Docket entries:
112/17/2004 NOTICE OF APPEAL: 12/16/2004
212/17/2004 ORDER FOR TRANSCRIPT: 12/16/2004
312/27/2004 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
412/27/2004 NOTICE OF CROSS APPEAL (filed in trial court on 12-22-04)
501/12/2005 Acknowledgement of Order for Transcript
601/20/2005 RECORD ON APPEAL (2 Volumes) including separate exhibits and depositions (10)
702/01/2005 TRANSCRIPT DATED September 27, 2004
802/01/2005 DISK - transcript dated 9-27-04
902/01/2005 Certificate of Service of Copies of the Transcript
1003/04/2005 REQ.EXT/TIME APPELLEE BRIEF & Affidavit in Support
1103/04/2005 E-FILED MOTION (Req/Ext/AEB)
1203/04/2005 NO ACTION TAKEN (Req/Ext/Time/AEB)
1303/07/2005 APPELLANT BRIEF
1503/08/2005 DISK of ATB
1704/08/2005 ACTION BY CHIEF DEPUTY CLERK (MAE). Granted: 04/07/2005
1804/07/2005 APPELLEE BRIEF
1904/12/2005 Corrected TOA, and pages for AEB
2004/12/2005 DISK - AEB (e-mailed)
2104/14/2005 Reset briefing schedule for reply briefs, if any.
2204/14/2005 ACTION BY CLERK (AT/Cross-Appellee's RYB, if any, due in this office by noon 4-20-05; and. Granted: 04/20/2005
2304/14/2005 the AE/Cross-Appellants' RYB would then be due in this office by noon on 5-04-05)
2404/19/2005 SITTING WITH THE COURT: Graff, Benny A.
2504/20/2005 REPLY BRIEF of Appellant and Cross-Appellee
2604/21/2005 DISK - RYB of Appellant & Cross-Appellee
2705/04/2005 REPLY BRIEF of Appellees and Cross-Appellants
2805/05/2005 DISK - RYB of Appellees & Cross-Appellants
2905/06/2005 Letter from Lynn Boughey dated 5-6-05 RE: reason for lateness of RYB (faxed)
3005/09/2005 APPEARANCES: Nevin Van de Streek; Lynn M. Boughey
3105/09/2005 ARGUED: Van de Streek; Boughey (Vol. Z; pg. 121)
3305/12/2005 Letter (Fax) from Lynn Boughey dated 5-12-05 regarding a check of Westlaw case check in response
3405/12/2005 to oral argument question.
3607/20/2005 UNANIMOUS OPINION: Maring, Mary Muehlen
3707/20/2005 At the direction of the Court, no costs are assessed
3807/20/2005 Judgment Mailed to Parties
3908/12/2005 MANDATE
4106/07/2012 EXPUNGED - Nonpermanent record items destroyed

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