Teigen, et al. v. State
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
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.
(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 |