Bismarck Public School District No. 1 v. State
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| 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
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge William F. Hodny |
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Nature of Action: |
Constitutional Law
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| Counsel: |
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| Term: |
08/1993 Argument: 08/11/1993
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| NW cite: |
511 N.W.2d 247
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 Add Docket 930079 RSS
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| 1 | | 03/08/1993 | |
NOTICE OF APPEAL: 03/05/1993 |
| 2 | | 03/08/1993 | |
TRANSCRIPT COMMENCING 6/16/92 (Master Index and 18 vol. each) |
| 3 | | 03/08/1993 | |
RECORD ON APPEAL (2 vol.), Exhibits (2 boxes), and "Separates" (1 box--includes 3 Depositions) |
| 4 | | 03/12/1993 | |
MOTION FOR Extension of Page Limits for ATB |
| 5 | | 03/15/1993 | |
Clerk's Supplemental Cert. of Record entries 121-124 |
| 6 | | 03/17/1993 | |
RESPONSE to motion for extension of page limits |
| 7 | | 03/17/1993 | |
ACTION BY SUPREME COURT (principal briefs may not exceed 100 pages). GRANTED |
| 8 | | 03/26/1993 | |
MOTION AND BRIEF TO PERMIT APPEAL ON ORIGINAL RECORD. RESPDUE: 04/08/1993 |
| 9 | | 03/29/1993 | |
RESPONSE TO MOTION AND BRIEF TO PERMIT APPEAL ON ORIGINAL RECORD |
| 10 | | 03/31/1993 | |
ACTION BY SUPREME COURT. DENIED |
| 11 | | 03/31/1993 | |
Court denied Motion to hear the Appeal on the original |
| 12 | | 03/31/1993 | |
record; Granted the extension of time for AEs to designate |
| 13 | | 03/31/1993 | |
their part of the record to April 5, 1993; Denied AEs' |
| 14 | | 03/31/1993 | |
Motion to prohibit the State from including parts of the |
| 15 | | 03/31/1993 | |
transcript or exhibits in the Appendix; and Granted joint |
| 16 | | 03/31/1993 | |
request to make the Appendix with double sided copies. |
| 17 | | 04/05/1993 | |
APPELLEES' N.D.R.APP.P. 30 DESIGNATION OF APPENDIX; AFFIDAVIT OF SERVICE |
| 18 | | 04/19/1993 | |
MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE (ND ASSOCIATION OF OIL & GAS PRODUCING COUNTIES) |
| 19 | | 04/19/1993 | |
MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE(ND SMALL ORGANIZED SCHOOLS & GACKLE PUBLIC SCHOOLS) |
| 20 | | 04/19/1993 | |
MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE (COAL CONVERSION COUNTIES ASSOCIATION) |
| 21 | | 04/19/1993 | |
MOTION FOR PERMISSION TO PRESENT OA (COAL CONVERSION COUNTIES ASSOCIATION) |
| 22 | | 04/19/1993 | |
APPELLANT BRIEF |
| 23 | | 04/19/1993 | |
APPELLANT APPENDIX (10 volumes) |
| 24 | | 04/21/1993 | |
ACTION BY SUPREME COURT (Motion/Amicus (ND Association of Oil & Gas Prod. Counties)(no o/a). GRANTED |
| 25 | | 04/21/1993 | |
ACTION BY SUPREME COURT Motion/Amicus (ND Small Organized Schools & Gackle School)(no o/a). GRANTED |
| 26 | | 04/21/1993 | |
ACTION BY SUPREME COURT Motion/Amicus (Coal Conversion Counties) (no o/a). GRANTED |
| 27 | | 04/21/1993 | |
ACTION BY SUPREME COURT (Coal Counties o/a). DENIED |
| 28 | | 06/25/1993 | |
AMICUS CURIAE BRIEF (Bell, Minnewaukan, Minot, Thompson, |
| 29 | | 04/21/1993 | |
AMICUS CURIAE BRIEF (ND Small Organized Schools & Gackle) |
| 30 | | 04/21/1993 | |
AMICUS CURIAE BRIEF (Coal Conversion Counties) |
| 31 | | 04/23/1993 | |
MOT. EXT/TIME APPELLEE BRIEF, Aff/Support |
| 32 | | 04/27/1993 | |
Appellants' Response to AEs' Motion for Ext. for Brief |
| 33 | | 04/28/1993 | |
ACTION BY SUPREME COURT (Ext. AEB). GRANTED: 06/18/1993 |
| 34 | | 04/28/1993 | |
MOTION FOR LEAVE TO FILE RESPONSE TO AFFIDAVIT |
| 35 | | 04/29/1993 | |
ACTION BY CHIEF JUSTICE (Mot/Leave/File/Response). Denied |
| 36 | | 06/16/1993 | |
MOT. EXT/TIME APPELLEE BRIEF (Stip.) |
| 37 | | 06/17/1993 | |
ACTION BY CHIEF JUSTICE. GRANTED: 06/25/1993 |
| 38 | | 06/16/1993 | |
MOT. EXT/TIME REPLY BRIEF (stip.) |
| 39 | | 06/16/1993 | |
ACTION BY CHIEF JUSTICE. GRANTED: 07/19/1993 |
| 40 | | 06/25/1993 | |
MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE (Bell Public School, Minnewaukan Public School, |
| 41 | | 06/25/1993 | |
Minot Public School, Thompson Public School, Wahpeton Public School, and Williston Public School) |
| 42 | | 06/25/1993 | |
ACTION BY CLERK. GRANTED |
| 43 | | 06/25/1993 | |
AMICUS CURIAE BRIEF (Bell, Minnewaukan, Minot, Thompson, Wahpeton, & Williston Schools) |
| 44 | | 06/25/1993 | |
APPELLEE BRIEF |
| 45 | | 06/28/1993 | |
MOTION FOR Extension of Page Limits for RYB |
| 46 | | 06/30/1993 | |
ACTION BY SUPREME COURT (25 page RYB). GRANTED |
| 47 | | 06/30/1993 | |
RESPONSE TO APPELLANTS' MOTION FOR EXT. OF PAGE LIMITS |
| 48 | | 07/07/1993 | |
REQUEST FOR RADIO/TV COVERAGE (letter dated 7-03-93 from Jack McDonald, Jr.) - KCND-FM (Prairie |
| 49 | | 07/07/1993 | |
Public Radio), KFYR-TV and The Bismarck Tribune |
| 50 | | 07/19/1993 | |
REPLY BRIEF OF APPELLANTS |
| 51 | | 07/21/1993 | |
Affidavit of Good Standing of David Long |
| 52 | | 08/11/1993 | |
APPEARANCES: Laurie J. Loveland, Solicitor General; Mary Norum Hoberg, Special Assistant Attorney; |
| 53 | | 08/11/1993 | |
and Carrie Helm, Legal Assistant, for Appellants; Calvin N. Rolfson, David C. Long of San |
| 54 | | 08/11/1993 | |
Fransico, California, and Clark J. Bormann for Appellees |
| 55 | | 08/11/1993 | |
ARGUED: Loveland, Rolfson, Long (Vol. T, pg. 136) |
| 56 | | 08/27/1993 | |
Letter dated August 27, 1993, from Laurie Loveland with a slip opinion of Skeen v. State of |
| 57 | | 08/27/1993 | |
Minnesota, docket nos. C5-92-677 and C7-92-678 |
| 58 | | 01/24/1994 | |
DISPOSITION: AFFIRMED/PT, REVERSED/PT |
| 59 | | 01/24/1994 | |
SPLIT OPINION: Neumann, William A. |
| 60 | | 01/24/1994 | |
(Dissenting): Sandstrom, Dale V.: DISSENT |
| 61 | | 01/24/1994 | |
(Dissenting in part): VandeWalle, Gerald: DISSENT |
| 62 | | 01/24/1994 | |
At the direction of the Court, no costs on appeal will be taxed to any party |
| 63 | | 01/25/1994 | |
SUBSTITUTE SECOND COVER PAGE OF OPINION FILED 1-24-94 |
| 64 | | 02/15/1994 | |
MANDATE |
| 65 | | 04/04/2001 | |
EXPUNGED - Nonpermanent record items destroyed |