Finley v. ND Dept. of Transportation
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| 20070020 |
George Fredrick Finley, Plaintiff and Appellant
v.
North Dakota Department
of Transportation, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Bruce A. Romanick |
|
Nature of Action: |
Transportation Dept.
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| Counsel: |
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| Term: |
05/2007 Argument: 05/08/2007 04:00pm
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| ND cite: |
2007 ND 78
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| NW cite: |
734 N.W.2d 342
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| Issues: |
Appellant's Statement of the Issues:
I.The Department of Transportation hearing in this matter was not timely held, as required by N.D.C.C. 39-20-05 and NDAC 37-03-03-09, and there were no compelling reasons to excuse non-compliance with the law; consequently, the hearing officer's
decision/order to revoke Mr. Finley's driving privileges was not in accordance with the law
Appellee's Statement of the Issues:
Whether Finley's administrative hearing was held on a timely basis because Monday, August 21, 2006, was deemed to be the thirtieth day after Deputy Ball issued the temporary operator's permit.
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 Add Docket 20070020 RSS
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| 1 | | 01/18/2007 | |
NOTICE OF APPEAL: 01/16/2007 |
| 2 | | 01/19/2007 | |
DISK - TRA of Admin. Hearing August 21, 2006 |
| 3 | | 02/16/2007 | |
RECORD ON APPEAL & Transcript of Administrative Hearing dated 8-21-06 |
| 4 | | 02/28/2007 | |
APPELLANT BRIEF (e-filed) |
| 5 | | 02/28/2007 | |
E-FILED BRIEF (ATB) |
| 6 | | 02/28/2007 | |
APPELLANT APPENDIX (E-filed) |
| 7 | | 02/28/2007 | |
E-FILED APPENDIX (ATA) |
| 8 | | 03/02/2007 | |
Received $25 surcharge for ATB (Receipt #17299) |
| 9 | | 03/07/2007 | |
Received 7 copies of ATB from Central Duplicating |
| 10 | | 03/07/2007 | |
Received 6 copies of ATA from Central Duplicating |
| 11 | | 03/28/2007 | |
APPELLEE BRIEF |
| 12 | | 03/28/2007 | |
APPELLEE APPENDIX |
| 13 | | 03/28/2007 | |
DISK - aeb (e-mailed) |
| 14 | | 04/05/2007 | |
REPLY BRIEF (e-filed) (PDF) |
| 15 | | 04/05/2007 | |
E-FILED BRIEF (RYB)(PDF) |
| 16 | | 04/11/2007 | |
Received 7 copies of RYB from Central Duplicating |
| 17 | | 04/19/2007 | |
Request for waiver of oral argument on behalf of the Appellant |
| 18 | | 04/19/2007 | |
NO ACTION TAKEN (Request to waive oral argument on behalf of the Appellant) |
| 19 | | 04/20/2007 | |
Letter dated 4/20/07 from Mr. Moraghan stating the appellee does not wish to waive oral argument |
| 20 | | 04/24/2007 | |
Mr. Moraghan's request for oral argument |
| 21 | | 04/24/2007 | |
S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY |
| 22 | | 05/08/2007 | |
APPEARANCES: waived under N.D.R.App.P. 34(a)(2) and this matter submitted on records & briefs filed |
| 23 | | 05/08/2007 | |
ARGUED: waived under N.D.R.App.P. 34(a)(2) and submitted on records and briefs filed |
| 24 | | 06/07/2007 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 25 | | 06/07/2007 | |
UNANIMOUS OPINION: Per Curiam |
| 26 | | 06/07/2007 | |
Costs on appeal taxed in favor of Appellee |
| 27 | | 06/08/2007 | |
Judgment e-mailed to Parties |
| 28 | | 06/29/2007 | |
MANDATE |
| 29 | | 07/05/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |