State v. Brown
v.
Lori Lee Brown, Defendant and Appellant
Judge Douglas R. Herman
| Appellant: | Jonathan T. Garaas | |
| Appellee: | Charles Justin Sheeley , Asst. State's Attorney | |
| Amicus curiae: | Paul Raymond Emerson , Att. General Office |
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1. Is Cass County's Animal Control Ordinance #1998-3 void for any of the following reasons:
A. The North Dakota Legislative Assembly has unconstitutionally delegated its law-making powers to county commissioners;
B. The North Dakota Legislative Assembly has statutorily prohibited the county from attempting to regulate dogs as a public nuisance?
2. Is Cass County's Animal Control Ordinance #1998-3 unconstitutionally vague or overbroad?
3. Does N.D.C.C. Chap. 42-03, entitled "Dogs as Public Nuisance", preempt the county from a prosecution based on an ordinance relating to dogs for conduct not included in the offense defined by state law?
4. Was the County's complaint or information fatally defective rendering the prosecution of the appellant void?
5. Can a Home Rule County create a crime for conduct that is not criminal under state law?
6. Did the Trial Court err, and prejudicially affect the Appellant's right to a fair trial, by proceeding on the basis of an unsworn complaint or information?
7. Was the Appellant improperly denied her right to a trial by jury?
8. Did the County disprove the existence of a defense as required by N.D.C.C. 12.1-01-03?
Appellee's Statement of the Issues:
I.Whether Cass County was properly granted legislative authority to adopt Cass County Animal Control Ordinance #1998-3.
II.Whether the North Dakota Legislature has the sole authority to regulate dogs as nuisances.
III.Whether Cass County Animal Control #1998-3 is unconstitutionally vague or overbroad.
IV.Whether Cass County acted properly when it charged Brown by citation followed by an information in lieu of citation.
V.Whether Lori Brown was entitled to a jury trial for an infraction-level offense when Brown faced a maximum fine of $50.
VI.Whether Lori Brown's barking dogs constitute an agricultural operation under North Dakota Century Code chapter 42-04.
Appellee's Statement of the Issues:
Appellant's Reply Brief Issues: Without expressing dissatisfaction with the issues presented by Lori Lee Brown ["BROWN"], Cass County, purporting to represent the State of North Dakota ["CASS COUNTY"], sets forth different issue(s) as if also aggrieved and appealing from the decision of the lower court. N.D.R.App.P. 28(c).
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