Bismarck Public School District No. 1 v. State

930079 BISMARCK PUBLIC SCHOOL DISTRICT #1 and the following taxpayers
and parents residing in and their children enrolled in Bismarck
Public School District #1: Jeff Geiger, individually and as
parent of Matthew Geiger; Sandy Horst, individually and as parent
of Jacki Horst and Jessica Horst; George Keiser, individually and
as parent of Sarah Keiser; Quentin Wangler, individually and as
parent of Nicholas Wangler; Robert Penne, individually and as
parent of Jonathan Penne; Gary Christenson, individually and as
parent of Brandon Christenson; Karen Hoovestal, individually and
as parent of Mark Hoovestal and Keith Hoovestal; DEVILS LAKE
PUBLIC SCHOOL DISTRICT #1 and the following taxpayers and parents
residing in and their children enrolled in Devils Lake Public
School District #1: Jay Klemetsrud, individually and as parent
of Eric Klemetsrud; Paul Goulding, individually and as parent of
Thomas Goulding; DICKINSON PUBLIC SCHOOL DISTRICT #1 and the
following taxpayers and parents residing in and their children
enrolled in Dickinson Public School District #1: Dennis W.
Johnson and Nancy Jo Johnson, individually and as parents of
Timothy Johnson, Amie Johnson and Christopher Johnson; Phyllis
Dvorak and Alvin L. Dvorak, individually and as parents of Eric
Dvorak, Jason Dvorak and Deidra Dvorak; LeRoy Fettig,
individually and as parent of Alicia Fettig; Lawrence A. Gardner
and Marty Odermann, individually and as parents of Megan Gardner;
GRAFTON PUBLIC SCHOOL DISTRICT #3 and the following taxpayers and
parents residing in and their children enrolled in Grafton Public
School District #3: Roger Moe, individually and as parent of
James Moe and Susan Moe; MANDAN PUBLIC SCHOOL DISTRICT # 1 and
the following taxpayers and parents residing in and their
children enrolled in Mandan Public School District #1: Pamela
Engelhardt, individually and as parent of Levi Engelhardt;
Herman A. Schafer, individually and as parent of Robert Schafer
and Tamera Schafer; SURREY PUBLIC SCHOOL DISTRICT #41 and the
following taxpayers and parents residing in and their children
enrolled in Surrey Public School District #41: Wayne Lukenbach
and Roberta Lukenbach, individually and as parents of Gregory
Lukenbach; Linda Jung and Gary Jung, individually and as parents
of Ezra Jung, Aaron Jung, Nathan Jung, Daniel Jung and David
Jung; WEST FARGO PUBLIC SCHOOL DISTRICT #6 and the following
taxpayers and parents residing in and their children enrolled in
West Fargo Public School District #6: Dennis W. Braaten and
Carol A. Braaten, individually and as parents of Darcy Lynn
Braaten; Roger Larsen and Chris Larsen, individually and as
parents of Alexia Larsen, Lindsey Larsen, and Matthew Larsen;
Dennis S. Gullickson and Tammy S. Gullickson, individually and as
parents of Kelly R. Gullickson; VALLEY CITY PUBLIC SCHOOL
DISTRICT #2 and the following taxpayer and parent residing in and
his children enrolled in Valley City Public School District #2:
Luther Skogen, individually and as parent of Sarah Skogen and
Matthew Skogen; GRAND FORKS PUBLIC SCHOOL DISTRICT #1 and the
following taxpayer and parent residing in and her children
enrolled in Grand Forks Public School District #1: Nikki
Seabloom, individually and as parent of Jeff Seabloom and
Gregory Seabloom, Plaintiffs and Appellees
v.
THE STATE OF NORTH DAKOTA, acting by
and through The North Dakota
Legislative Assembly; Rosemarie
Myrdal, President of the Senate;
Rick Berg, Speaker of the House of
Representatives; Ed Schafer,
Governor; Wayne Sanstead,
North Dakota Superintendent of
Public Instruction; Kathi Gilmore,
Treasurer; and Rod Backman,
Director of the Office of
Management and Budget, Defendants and Appellants

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge William F. Hodny
Nature of Action: Constitutional Law
Counsel:
Appellant: Laurie J. Loveland , Atty. General Office
Appellee: Schulz Geiermann & Bergeson Law Offices, P.C.
Appellee: #ormann Law Office
Amicus curiae: Fleck, Mather & Strutz
Amicus curiae: Jeffries, Olson & Flom, PA
Amicus curiae: Mahoney & Mahoney
Amicus curiae: Kent M. Morrow
Term: 08/1993   Argument: 08/11/1993  
NW cite: 511 N.W.2d 247

Add Docket 930079 RSS Add Docket 930079 RSS

Docket entries:
103/08/1993 NOTICE OF APPEAL: 03/05/1993
203/08/1993 TRANSCRIPT COMMENCING 6/16/92 (Master Index and 18 vol. each)
303/08/1993 RECORD ON APPEAL (2 vol.), Exhibits (2 boxes), and "Separates" (1 box--includes 3 Depositions)
403/12/1993 MOTION FOR Extension of Page Limits for ATB
503/15/1993 Clerk's Supplemental Cert. of Record entries 121-124
603/17/1993 RESPONSE to motion for extension of page limits
703/17/1993 ACTION BY SUPREME COURT (principal briefs may not exceed 100 pages). GRANTED
803/26/1993 MOTION AND BRIEF TO PERMIT APPEAL ON ORIGINAL RECORD. RESPDUE: 04/08/1993
903/29/1993 RESPONSE TO MOTION AND BRIEF TO PERMIT APPEAL ON ORIGINAL RECORD
1003/31/1993 ACTION BY SUPREME COURT. DENIED
1103/31/1993 Court denied Motion to hear the Appeal on the original
1203/31/1993 record; Granted the extension of time for AEs to designate
1303/31/1993 their part of the record to April 5, 1993; Denied AEs'
1403/31/1993 Motion to prohibit the State from including parts of the
1503/31/1993 transcript or exhibits in the Appendix; and Granted joint
1603/31/1993 request to make the Appendix with double sided copies.
1704/05/1993 APPELLEES' N.D.R.APP.P. 30 DESIGNATION OF APPENDIX; AFFIDAVIT OF SERVICE
1804/19/1993 MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE (ND ASSOCIATION OF OIL & GAS PRODUCING COUNTIES)
1904/19/1993 MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE(ND SMALL ORGANIZED SCHOOLS & GACKLE PUBLIC SCHOOLS)
2004/19/1993 MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE (COAL CONVERSION COUNTIES ASSOCIATION)
2104/19/1993 MOTION FOR PERMISSION TO PRESENT OA (COAL CONVERSION COUNTIES ASSOCIATION)
2204/19/1993 APPELLANT BRIEF
2304/19/1993 APPELLANT APPENDIX (10 volumes)
2404/21/1993 ACTION BY SUPREME COURT (Motion/Amicus (ND Association of Oil & Gas Prod. Counties)(no o/a). GRANTED
2504/21/1993 ACTION BY SUPREME COURT Motion/Amicus (ND Small Organized Schools & Gackle School)(no o/a). GRANTED
2604/21/1993 ACTION BY SUPREME COURT Motion/Amicus (Coal Conversion Counties) (no o/a). GRANTED
2704/21/1993 ACTION BY SUPREME COURT (Coal Counties o/a). DENIED
2806/25/1993 AMICUS CURIAE BRIEF (Bell, Minnewaukan, Minot, Thompson,
2904/21/1993 AMICUS CURIAE BRIEF (ND Small Organized Schools & Gackle)
3004/21/1993 AMICUS CURIAE BRIEF (Coal Conversion Counties)
3104/23/1993 MOT. EXT/TIME APPELLEE BRIEF, Aff/Support
3204/27/1993 Appellants' Response to AEs' Motion for Ext. for Brief
3304/28/1993 ACTION BY SUPREME COURT (Ext. AEB). GRANTED: 06/18/1993
3404/28/1993 MOTION FOR LEAVE TO FILE RESPONSE TO AFFIDAVIT
3504/29/1993 ACTION BY CHIEF JUSTICE (Mot/Leave/File/Response). Denied
3606/16/1993 MOT. EXT/TIME APPELLEE BRIEF (Stip.)
3706/17/1993 ACTION BY CHIEF JUSTICE. GRANTED: 06/25/1993
3806/16/1993 MOT. EXT/TIME REPLY BRIEF (stip.)
3906/16/1993 ACTION BY CHIEF JUSTICE. GRANTED: 07/19/1993
4006/25/1993 MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE (Bell Public School, Minnewaukan Public School,
4106/25/1993 Minot Public School, Thompson Public School, Wahpeton Public School, and Williston Public School)
4206/25/1993 ACTION BY CLERK. GRANTED
4306/25/1993 AMICUS CURIAE BRIEF (Bell, Minnewaukan, Minot, Thompson, Wahpeton, & Williston Schools)
4406/25/1993 APPELLEE BRIEF
4506/28/1993 MOTION FOR Extension of Page Limits for RYB
4606/30/1993 ACTION BY SUPREME COURT (25 page RYB). GRANTED
4706/30/1993 RESPONSE TO APPELLANTS' MOTION FOR EXT. OF PAGE LIMITS
4807/07/1993 REQUEST FOR RADIO/TV COVERAGE (letter dated 7-03-93 from Jack McDonald, Jr.) - KCND-FM (Prairie
4907/07/1993 Public Radio), KFYR-TV and The Bismarck Tribune
5007/19/1993 REPLY BRIEF OF APPELLANTS
5107/21/1993 Affidavit of Good Standing of David Long
5208/11/1993 APPEARANCES: Laurie J. Loveland, Solicitor General; Mary Norum Hoberg, Special Assistant Attorney;
5308/11/1993 and Carrie Helm, Legal Assistant, for Appellants; Calvin N. Rolfson, David C. Long of San
5408/11/1993 Fransico, California, and Clark J. Bormann for Appellees
5508/11/1993 ARGUED: Loveland, Rolfson, Long (Vol. T, pg. 136)
5608/27/1993 Letter dated August 27, 1993, from Laurie Loveland with a slip opinion of Skeen v. State of
5708/27/1993 Minnesota, docket nos. C5-92-677 and C7-92-678
5801/24/1994 DISPOSITION: AFFIRMED/PT, REVERSED/PT
5901/24/1994 SPLIT OPINION: Neumann, William A.
6001/24/1994 (Dissenting): Sandstrom, Dale V.: DISSENT
6101/24/1994 (Dissenting in part): VandeWalle, Gerald: DISSENT
6201/24/1994 At the direction of the Court, no costs on appeal will be taxed to any party
6301/25/1994 SUBSTITUTE SECOND COVER PAGE OF OPINION FILED 1-24-94
6402/15/1994 MANDATE
6504/04/2001 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/22/2014