Sauby v. City of Fargo
|
| 20070202 |
Stephanie Sauby, individually and
on behalf of those similarly situated, Plaintiff
v.
City of Fargo, Defendant
|
|
Nature of Action: |
Certified Question of Law (Civil)
|
| Counsel: |
|
| Term: |
11/2007 Argument: 11/05/2007 11:00am
|
| ND cite: |
2008 ND 60
|
| NW cite: |
747 N.W.2d 65
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
May the City of Fargo, pursuant to its home rule charter, lawfully impose a fee for a violation, in the City of Fargo, of a Fargo ordinance regulating the operation or equipment of motor vehicles or regulating traffic that exceeds the limits for
equivalent categories of violations set forth in N.D.C.C. 39-06.1-06?
Appellee's Statement of the Issues:
I. Whether The City Of Fargo, A "Home Rule" City, May Establish A Higher Fee Schedule For Non-Criminal Traffic Violations, Than The State Fee Schedule.
II. Whether "Home Rule" Cities Are Prohibited From Establishing Non-Criminal Traffic Penalties Which Exceed State-Imposed Penalties
III. Whether The North Dakota Criminal Code Provides That Fargo's Non-Criminal Traffic Violation Fee Schedule Is Unlawful.
IV. Whether State General Law Prohibits Fargo's Non-Criminal Traffic Violation Fee Schedule.
V. Whether The District Court Decisions Holding That Fargo's Fees For Traffic Violations May Not Exceed The Fees Authorized By State Law Are Wrong.
VI. Whether Fargo's Ordinances Limit Fargo To The Amount Of Fees Established In N.D.C.C. 39-06.1-06.
VII. Whether Fargo's Traffic Offense Fee Schedule Violates The Constitution.
|
|
 Add Docket 20070202 RSS
|
| 1 | | 07/12/2007 | |
CERTIFICATION ORDER |
| 2 | | 07/12/2007 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 3 | | 07/12/2007 | |
PLAINTIFF BRIEF DUE: 08/19/2007 |
| 4 | | 07/13/2007 | |
Received 1/2 filing fee from plaintiff ($62.50; receipt no. 17618) |
| 5 | | 07/18/2007 | |
Received 1/2 filing fee from defendant ($62.50; Receipt #17625) |
| 6 | | 07/19/2007 | |
Copy of Record on certified question |
| 7 | | 08/20/2007 | |
PLAINTIFF BRIEF |
| 8 | | 08/20/2007 | |
attached Addedum to Plaintiff's Brief |
| 9 | | 08/20/2007 | |
Plaintiff's Appendix |
| 10 | | 08/20/2007 | |
Affidavit of Service of the Plaintiff's Brief by mail |
| 11 | | 08/20/2007 | |
DISK - Plaintiff's Brief |
| 12 | | 08/20/2007 | |
DEFENDANT BRIEF DUE: 09/19/2007 |
| 13 | | 09/18/2007 | |
MOTION FOR FILING OF AMICUS CURIAE BRIEF (ND League of Cities) |
| 14 | | 09/18/2007 | |
ACTION BY CHIEF JUSTICE (Motion to file ACB). Granted |
| 15 | | 09/18/2007 | |
AMICUS CURIAE BRIEF (North Dakota League of Cities) |
| 16 | | 09/18/2007 | |
DISK (ACB) ELECTRONIC (League of Cities) |
| 17 | | 09/19/2007 | |
DEFENDANT BRIEF |
| 18 | | 09/19/2007 | |
attached Addendum to Defendant's Brief |
| 19 | | 09/19/2007 | |
MOTION for Filing Amicus Curiae Brief in Support of City of Fargo by N.D. Assoc. of Counties |
| 20 | | 09/19/2007 | |
E-FILED MOTION for Filing Amicus Curiae Brief (NDACo) |
| 21 | | 09/19/2007 | |
AMICUS CURIAE BRIEF (North Dakota Association of Counties)(e-filed) |
| 22 | | 09/19/2007 | |
E-FILED BRIEF (Amicus Curiae Brief - NDACo) |
| 23 | | 09/20/2007 | |
ACTION BY CHIEF JUSTICE (Mot. to File Amicus by Association of Counties). Granted |
| 24 | | 09/20/2007 | |
Affidavit of Service by Mail (Defendant's Brief) |
| 25 | | 09/21/2007 | |
Received $25 surcharge for ACB (ND Assoc. of Counties)(Receipt #17695) |
| 26 | | 09/25/2007 | |
Received copies of N.D. Assoc. of Counties ACB from Central Duplicating Services |
| 27 | | 09/25/2007 | |
DISK - Defendant Appellee Brief (emailed) |
| 28 | | 09/26/2007 | |
Received corrected TOC and corrected pages for Defendant's Brief |
| 29 | | 10/02/2007 | |
MOT. EXT/TIME REPLY BRIEF |
| 30 | | 10/02/2007 | |
E-FILED MOTION (MOT. EXT/TIME REPLY BRIEF) |
| 31 | | 10/02/2007 | |
ACTION BY CHIEF DEPUTY CLERK (MRY). Granted: 10/08/2007 |
| 32 | | 10/08/2007 | |
REPLY BRIEF |
| 33 | | 10/08/2007 | |
Affidavit of Service by Mail |
| 34 | | 10/08/2007 | |
DISK of RYB |
| 35 | | 10/24/2007 | |
SITTING WITH THE COURT: Herauf, William A. |
| 36 | | 10/29/2007 | |
Request for Radio/TV Coverage Dave Thompson from Prairie Public Radio (approved) |
| 37 | | 11/05/2007 | |
APPEARANCES: Monte L. Rogneby, Timothy Q. Purdon, Robert B. Stock & Mark A. Friese; Mike Miller & |
| 38 | | 11/05/2007 | |
Stacey E. Tjon |
| 39 | | 11/05/2007 | |
ARGUED: Rogneby & Miller |
| 40 | | 11/05/2007 | |
ORAL ARGUMENT WEBCAST |
| 41 | | 03/25/2008 | |
DISPOSITION: CERT. QUEST. ANSWERED |
| 42 | | 03/25/2008 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 43 | | 03/25/2008 | |
(CONCUR IN THE RESULT): VandeWalle, Gerald W.: CON/RES |
| 44 | | 03/25/2008 | |
No costs are taxed in this matter. |
| 45 | | 03/25/2008 | |
Judgment E-Mailed to Parties |
| 46 | | 04/16/2008 | |
MANDATE |