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:
Plaintiff: Vogel Law Firm
Defendant: Stacey Tjon Bossart , Asst. City Attorney
Defendant: Mike Miller , City Attorney
Amicus curiae: Jerald A. Hjelmstad
Amicus curiae: Aaron Grayson Birst
Term: 11/2007   Argument: 11/05/2007  11:00am
ND cite: 2008 ND 60
NW cite: 747 N.W.2d 65

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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.

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Docket entries:
107/12/2007 CERTIFICATION ORDER
207/12/2007 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
307/12/2007 PLAINTIFF BRIEF DUE: 08/19/2007
407/13/2007 Received 1/2 filing fee from plaintiff ($62.50; receipt no. 17618)
507/18/2007 Received 1/2 filing fee from defendant ($62.50; Receipt #17625)
607/19/2007 Copy of Record on certified question
708/20/2007 PLAINTIFF BRIEF
808/20/2007 attached Addedum to Plaintiff's Brief
908/20/2007 Plaintiff's Appendix
1008/20/2007 Affidavit of Service of the Plaintiff's Brief by mail
1108/20/2007 DISK - Plaintiff's Brief
1208/20/2007 DEFENDANT BRIEF DUE: 09/19/2007
1309/18/2007 MOTION FOR FILING OF AMICUS CURIAE BRIEF (ND League of Cities)
1409/18/2007 ACTION BY CHIEF JUSTICE (Motion to file ACB). Granted
1509/18/2007 AMICUS CURIAE BRIEF (North Dakota League of Cities)
1609/18/2007 DISK (ACB) ELECTRONIC (League of Cities)
1709/19/2007 DEFENDANT BRIEF
1809/19/2007 attached Addendum to Defendant's Brief
1909/19/2007 MOTION for Filing Amicus Curiae Brief in Support of City of Fargo by N.D. Assoc. of Counties
2009/19/2007 E-FILED MOTION for Filing Amicus Curiae Brief (NDACo)
2109/19/2007 AMICUS CURIAE BRIEF (North Dakota Association of Counties)(e-filed)
2209/19/2007 E-FILED BRIEF (Amicus Curiae Brief - NDACo)
2309/20/2007 ACTION BY CHIEF JUSTICE (Mot. to File Amicus by Association of Counties). Granted
2409/20/2007 Affidavit of Service by Mail (Defendant's Brief)
2509/21/2007 Received $25 surcharge for ACB (ND Assoc. of Counties)(Receipt #17695)
2609/25/2007 Received copies of N.D. Assoc. of Counties ACB from Central Duplicating Services
2709/25/2007 DISK - Defendant Appellee Brief (emailed)
2809/26/2007 Received corrected TOC and corrected pages for Defendant's Brief
2910/02/2007 MOT. EXT/TIME REPLY BRIEF
3010/02/2007 E-FILED MOTION (MOT. EXT/TIME REPLY BRIEF)
3110/02/2007 ACTION BY CHIEF DEPUTY CLERK (MRY). Granted: 10/08/2007
3210/08/2007 REPLY BRIEF
3310/08/2007 Affidavit of Service by Mail
3410/08/2007 DISK of RYB
3510/24/2007 SITTING WITH THE COURT: Herauf, William A.
3610/29/2007 Request for Radio/TV Coverage Dave Thompson from Prairie Public Radio (approved)
3711/05/2007 APPEARANCES: Monte L. Rogneby, Timothy Q. Purdon, Robert B. Stock & Mark A. Friese; Mike Miller &
3811/05/2007 Stacey E. Tjon
3911/05/2007 ARGUED: Rogneby & Miller
4011/05/2007 ORAL ARGUMENT WEBCAST
4103/25/2008 DISPOSITION: CERT. QUEST. ANSWERED
4203/25/2008 UNANIMOUS OPINION: Sandstrom, Dale V.
4303/25/2008 (CONCUR IN THE RESULT): VandeWalle, Gerald W.: CON/RES
4403/25/2008 No costs are taxed in this matter.
4503/25/2008 Judgment E-Mailed to Parties
4604/16/2008 MANDATE
4707/07/2011 Corrected/Substitute Opinion Page 4

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