Ennis v. N.D. Dep't of Human Services

20110352 Edward Ennis, Appellee and Cross-Appellant
v.
North Dakota Department of
Human Services, Appellant and Cross-Appellee

Appeal from: District Court, Northwest Judicial District, Williams County
Judge David W. Nelson
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Jeanne Marie Steiner , Att. General Office
Appellee: Pro se
Term: 03/2012   Argument: 03/22/2012  1:30pm
ND cite: 2012 ND 185
NW cite: 820 N.W.2d 714

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Issues: Appellant's Statement of the Issues:
Federal Supplemental Nutrition Assistance Program ("SNAP") regulations allow the costs of producing self employment income to be excluded. SNAP eligibility certification may not exceed twelve months, with some exceptions that do not apply in this case. Eligibility for recertification must be determined based on circumstances anticipated for the certification period. Edward Ennis is self employed, purchased a truck for his business in 2010, and paid for it outright. Can the Department refuse to include a one-time, non-recurring business expense that occurred in 2010 when calculating anticipated income and expenses to determine benefits for 2011?

Appellee's Statement of the Issues:
(I)Can the Department refuse to exclude principal cost paid in 2010 for a 2000 Chevrolet truck ($5,280.00), (8th blank down with footnote #4), when compiling its 2010 Income Tax Guideline (worksheets p.3), found in the Certification of Record to the District Court, Doc.#2 (hereinafter R. 97), pages 95-101 and ADDENDUM (Add.97)?
(2)Did the District Court err in not awarding costs to Ennis?

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Docket entries:
112/08/2011 NOTICE OF APPEAL: 12/07/2011
212/08/2011 DISK - TRA of Administrative Hearing 5-25-11 (e-mailed)
301/09/2012 Electronic RECORD ON APPEAL (Entry Nos. 1-27( #28 is Clerk's Certificate on Appeal
401/17/2012 APPELLANT BRIEF
501/17/2012 APPELLANT APPENDIX
601/17/2012 DISK - atb (e-mailed)
701/30/2012 1st SUPPLEMENTAL RECORD ON APPEAL dated 1-27-12 (Entry Nos. 29 & 30)
801/30/2012 NOTICE OF CROSS APPEAL filed by Edward Ennis on 1-27-12
901/31/2012 2nd Electronic SUPPLEMENTAL RECORD ON APPEAL dated January 31, 2012 (entry nos.31-34).
1001/30/2012 MOTION FOR ADMISSION OF EVIDENCE OUTSIDE THE RECORD
1102/01/2012 ACTION BY ACTING CHIEF JUSTICE. Denied
1202/06/2012 APPELLEE BRIEF & ADDENDUM (PDF)(Scanned)
1302/06/2012 APPELLEE APPENDIX
1402/13/2012 NOTICE OF ORAL ARGUMENT SENT
1502/15/2012 REPLY BRIEF
1602/15/2012 DISK - RYB (e-mail)
1702/21/2012 DISK-AEB (E-MAILED)
1803/22/2012 APPEARANCES: Jeanne M. Steiner; Edward Ennis
1903/22/2012 ARGUED: Jeanne M. Steiner; Edward Ennis
2003/22/2012 ORAL ARGUMENT WEBCAST
2108/30/2012 DISPOSITION: REVERSED
2208/30/2012 UNANIMOUS OPINION: Crothers, Daniel John
2308/30/2012 Costs on appeal taxed in favor of Appellant
2408/31/2012 Judgment Sent to Parties
2510/01/2012 MANDATE

Generated from Supreme Court Docket on 04/25/2014