Buchholtz v. Director, N.D. Dept. of Transportation
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| 20070241 |
Dustin Scott Buchholtz, Plaintiff and Appellee
v.
Director, North Dakota
Department of Transportation, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Cynthia Rothe-Seeger |
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Nature of Action: |
Transportation Dept.
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| Counsel: |
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| Term: |
12/2007 Argument: 12/20/2007 09:30am
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| ND cite: |
2008 ND 53
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| NW cite: |
746 N.W.2d 181
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Whether the hearing officer reasonably concluded that the approved method for the Intoxilyzer was scrupulously followed.
Appellee's Statement of the Issues:
Whether the District Court correctly and soundly reversed the Department's hearing officer when the scrupulous compliance with the approved method was not shown.
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| 1 | | 08/22/2007 | |
NOTICE OF APPEAL: 08/20/2007 |
| 2 | | 09/07/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 3 | | 09/07/2007 | |
E-FILED MOTION - MAT |
| 4 | | 09/12/2007 | |
TRANSCRIPT DATED May 16, 2007 |
| 5 | | 09/13/2007 | |
DISK-tra (5/16/07) electronic |
| 6 | | 09/13/2007 | |
certificate of service of copies of transcripts |
| 7 | | 09/13/2007 | |
NO ACTION TAKEN |
| 8 | | 09/14/2007 | |
RECORD ON APPEAL with separate entry 6 (Administrative Hearing transcript) |
| 9 | | 09/27/2007 | |
APPELLANT BRIEF |
| 10 | | 09/27/2007 | |
APPELLANT APPENDIX |
| 11 | | 09/27/2007 | |
DISK-ATB (electronic) |
| 12 | | 10/02/2007 | |
DISK - tra (3-19-07) (e-mailed) |
| 13 | | 10/25/2007 | |
MOT. EXT/TIME APPELLEE BRIEF (in letter form) |
| 14 | | 10/25/2007 | |
E-FILED MOTION (MAE) |
| 15 | | 10/26/2007 | |
ACTION BY CLERK (MAE). Granted: 11/13/2007 |
| 16 | | 11/15/2007 | |
Received $25.00 surcharge for AEB |
| 17 | | 11/13/2007 | |
APPELLEE BRIEF (e-filed) |
| 18 | | 11/13/2007 | |
E-FILED BRIEF (AEB) |
| 19 | | 11/13/2007 | |
DISK of AEB (e-mailed) |
| 20 | | 11/20/2007 | |
Received 7 copies of AEB from Central Duplicating. |
| 21 | | 12/20/2007 | |
APPEARANCES: Andrew Moraghan; Jesse N. Lange |
| 22 | | 12/20/2007 | |
ARGUED: Moraghan; Lange |
| 23 | | 12/20/2007 | |
ORAL ARGUMENT WEBCAST |
| 24 | | 03/20/2008 | |
DISPOSITION: REVERSED |
| 25 | | 03/20/2008 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 26 | | 03/20/2008 | |
Costs taxed in favor of Appellant, N.D.Dept. of Transportation |
| 27 | | 03/24/2008 | |
Judgment e-mailed to Parties |
| 28 | | 04/14/2008 | |
MANDATE |
| 29 | | 04/16/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |