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Teigen, et al. v. State

Docket No. 20070134
Oral Argument: Tuesday, October 30, 2007 1:15pm

Docket Info

Title
James Teigen, Deb Lundgren, Greg
Svenningsen, Farmer's Educational and
Co-operative Union of America, North Dakota
Division, D/B/A North Dakota Farmers Union,
and Dakota Resource Council, Plaintiffs and Appellants
and
Casey Wells, Plaintiff
v.
State of North Dakota, Defendant and Appellee
Case Type
CIVIL APPEAL : CONSTITUTIONAL LAW
Appeal From
Case No. 05-C-01945
South Central Judicial District, Burleigh County
Thomas J. Schneider
2008 ND 88749 N.W.2d 505
Oral Argument 10/30/2007

Highlight

A court can decide constitutional issues if at least one plaintiff has standing.
All regularly enacted statutes carry a strong presumption of constitutionality, which is conclusive unless the party challenging the statute clearly demonstrates it contravenes the state or federal constitution.
The justice, wisdom, necessity, utility and expediency of legislation are questions for the legislative, and not for judicial determination.
Statutes are construed as a whole and harmonized to give meaning to related provisions and are construed to avoid constitutional infirmities.
A statute requiring the wheat commission to expend two mills of a wheat tax for contracts with no more than two trade associations incorporated in North Dakota that have as their primary purpose the representation of wheat producers does not violate state constitutional provisions prohibiting special laws, special privileges and immunities, and gifts.


Briefs

Filing Date Description
06/19/2007 APPELLANT BRIEF (e-filed pdf) View
07/18/2007 APPELLEE BRIEF View
08/02/2007 REPLY BRIEF (e-filed) View

Counsel

Party Type Name
APPELLEE ATT. GENERAL OFFICE Charles M Carvell - 03560
APPELLEE ATT. GENERAL OFFICE Dean J. Haas - 04032

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 05/14/2007 NOTICE OF APPEAL : 05/10/2007
2 06/11/2007 RECORD ON APPEAL (2 volumes) and Separate Nos. 16, 55, 69, & 69A (Not rec'd: 32-Ct. Rptr. Notes)
3 06/19/2007 APPELLANT BRIEF (e-filed pdf) View
4 06/19/2007 addendum to Appellant's Brief
5 06/19/2007 E-FILED BRIEF ATB (pdf)
6 06/19/2007 APPELLANT APPENDIX
7 06/20/2007 Received $25 surcharge for ATB (Receipt #17592)
8 06/19/2007 Received 7 copies of ATB from Central Duplicating
9 07/02/2007 Supplemental Certificate of Record on Appeal - Entries 95-95 (Not rec'd entries 93 & 94)
10 07/18/2007 APPELLEE BRIEF View
11 07/18/2007 DISK (AEB) electronic
12 08/02/2007 REPLY BRIEF (e-filed) View
13 08/02/2007 E-FILED BRIEF (RYB)
14 08/09/2007 7 cc of RYB received from Central Duplicating
15 10/30/2007 APPEARANCES: Sarah Vogel; Charles M. Carvell
16 10/30/2007 ARGUED: Vogel; Carvell
17 05/15/2008 DISPOSITION
18 05/15/2008 SPLIT OPINION : Kapsner, Carol Ronning View
19 05/15/2008 (CONCURRING SPECIALLY) : Sandstrom, Dale V.
20 05/15/2008 Costs on appeal taxed in favor of appellee
21 05/15/2008 Judgment E-Mailed to Parties
22 06/04/2008 Corrected Opinion Page 12, para 22
23 06/10/2008 MANDATE
24 06/18/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
25 11/06/2017 EXPUNGED - Nonpermanent record items destroyed