Martin v. Stutsman Co. Social Services

20050019 Judith Martin, Petitioner and Appellant
v.
Stutsman County Social
Services and the Department
of Human Services for the
State of North Dakota, Respondents and Appellees

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge Mikal Simonson
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Legal Services of ND
Appellee: Jean R. Mullen , Att. General Office
Term: 05/2005   Argument: 05/10/2005  9:30am
ND cite: 2005 ND 117
NW cite: 698 N.W.2d 278


Issues: Appellant's Statement of the Issues:
I. Whether the Finding of Fact made by the Agency that Martin's husband is a smoker is not supported by a preponderance of the evidence.
II. Whether the Conclusion of Law made by the Agency that Martin smoking in her bedroom while her husband uses oxygen in a separate room creates a risk requiring termination of Martin's home and community based services is not supported by its Findings of Fact.
III. Whether the Agency Order is not in accordance with the law.

Appellee's Statement of the Issues:
I. Whether the Department of Human Service's final order is supported by the evidence that Martin and her care provider smoked in her home.
II. Whether the finding of the Department of Human Services that smoking around someone using oxygen presents a danger is supported by the evidence.
III. Whether the Department of Human Services correctly interpreted its rules in finding that smoking by the Appellant in her apartment while her husband used oxygen was a health and safety risk to the Appellant.

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Docket entries:
101/19/2005 NOTICE OF APPEAL: 01/18/2005
202/24/2005 RECORD ON APPEAL & Certificate of Record from Human Services, which includes copies of Transcripts
302/24/2005 dated 1-23-04, 2-3-04, & 2-4-04
402/28/2005 APPELLANT BRIEF
502/28/2005 APPELLANT APPENDIX
603/01/2005 Affidavit of Service by Mail of ATB
703/04/2005 DISK - atb
803/31/2005 APPELLEE BRIEF
903/31/2005 Addendum to Appellee's Brief (1-3)
1003/31/2005 DISK - AEB (e-mailed)
1104/18/2005 REPLY BRIEF
1204/19/2005 DISK - RYB
1304/20/2005 DISK - TRA (1-23-04; 2-3-04; & 2-4-04) (e-mailed)
1405/10/2005 APPEARANCES: Anita A. Flatt, Richard R. LeMay; Jean R. Mullen
1505/10/2005 ARGUED: Flatt; Mullen (V.Z; Pg. 123)
1605/10/2005 ORAL ARGUMENT WEBCAST
1706/22/2005 DISPOSITION: AFFIRMED
1806/22/2005 UNANIMOUS OPINION: Sandstrom, Dale V.
1906/22/2005 Costs on appeal taxed in favor of appellee
2006/23/2005 Judgment Mailed to Parties
2107/19/2005 MANDATE
2207/22/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2307/20/2012 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 11/28/2014