City of Minot v. Rudolph
Docket No. 20080135
Oral Argument:
Tuesday, October 7, 2008 2:15pm
Docket Info
- Title
- City of Minot, Plaintiff and Appellee
v.
Kirby Clarence Rudolph, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DUI/DUS
- Appeal From
-
Case No. 07-K-01115
North Central Judicial District, Ward County
Douglas L. Mattson
2008 ND 231758 N.W.2d 731
Oral Argument
10/7/2008
Highlight
Home rule charters permit cities to enact certain ordinances which differ from state laws.
Within the scope of statutory authorization, a home rule city's charter and the ordinances made under the charter supersede, within the territorial limits and other jurisdiction of the city, laws of the state in conflict with the charter and ordinances and must be liberally construed for such purposes.
If the requirements to supersede state law are not met, a home rule city's powers are those bestowed by the legislature on all municipalities.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 06/10/2008 | NOTICE OF APPEAL : 06/09/2008 | |
2 | 06/10/2008 | ORDER FOR TRANSCRIPT : 06/09/2008 | |
3 | 06/19/2008 | TRANSCRIPT DATED 10-24-07 (corrected transcript with Index) | |
4 | 06/19/2008 | DISK - TRA 10-24-07 | |
5 | 06/24/2008 | Certificate of Service of Copies of Transcript | |
6 | 07/10/2008 | RECORD ON APPEAL and separate transcript (entry no. 27) | |
7 | 07/30/2008 | APPELLANT BRIEF (PDF) | View |
8 | 07/30/2008 | E-FILED BRIEF (ATB) (PDF) | |
9 | 07/30/2008 | APPELLANT APPENDIX | |
10 | 07/30/2008 | E-FILED APPENDIX (ATA) | |
11 | 07/31/2008 | Received $25 surcharge for ATB (Receipt # 18201) | |
12 | 08/04/2008 | Received copies of ATB from Central Duplicating Services | |
13 | 08/04/2008 | Received copies of ATA from Central Duplicating Services | |
14 | 08/26/2008 | Clerk's Supplemental Certificate of Record dated August 22, 2008 (Entry Nos. 44-50). | |
15 | 08/28/2008 | APPELLEE BRIEF | View |
16 | 08/28/2008 | APPELLEE APPENDIX | |
17 | 08/28/2008 | DISK - AEB (CD Rom) | |
18 | 09/15/2008 | Amended Affidavit of Service by Mail of Appellee's Brief on September 8, 2008 | |
19 | 09/15/2008 | Reset due date for Appellant's Reply Brief due to re-service of Appellee's Brief | |
20 | 09/15/2008 | ACTION BY CLERK (reset due date for RYB due to re-service of AEB) - Granted : 09/25/2008 | |
21 | 09/19/2008 | Appellant's Motion to Return Supplemental Record to District Court | |
22 | 09/19/2008 | E-FILED MOTION (Appellant's Motion to Return Supplemental Record) | |
23 | 09/19/2008 | ACTION BY CHIEF JUSTICE (Appellant's Motion to Return Supplemental Record to District Court) - Denied | |
24 | 09/23/2008 | REPLY BRIEF of Appellant (E-filed) | View |
25 | 09/23/2008 | E-FILED BRIEF (RYB) | |
26 | 09/23/2008 | Addendum to Appendix to Brief of Appellant (e-filed) | |
27 | 09/23/2008 | E-FILED APPENDIX (Addendum to Appendix to Brief of Appellant) | |
28 | 09/26/2008 | Motion to waive oral argument on behalf of Appellant | |
29 | 09/26/2008 | E-FILED MOTION (Motion to waive oral argument on behalf of Appellant) | |
30 | 09/26/2008 | ACTION BY SUPREME COURT (Motion to waive oral argument on behalf of the Appellant) - Denied | |
31 | 09/29/2008 | Received copies of RYB from Central Duplicating Services | |
32 | 09/26/2008 | Received copies of Addendum to Appendix to Brief of Appellant from Central Duplicating Services | |
33 | 10/06/2008 | Second Supplemental Clerk's Certificate of Record (Entries 51 - 58) | |
34 | 10/07/2008 | APPEARANCES: Danny L. Herbel; Killy A. Dillon | |
35 | 10/07/2008 | ARGUED: Herbel; Dillon | |
36 | 10/07/2008 | ORAL ARGUMENT WEBCAST | |
37 | 12/16/2008 | DISPOSITION | |
38 | 12/16/2008 | SPLIT OPINION : Kapsner, Carol Ronning | View |
39 | 12/16/2008 | CONCURRING SPECIALLY : Sandstrom, Dale V. | |
40 | 12/17/2008 | Judgment E-Mailed & faxed o Parties | |
41 | 01/08/2009 | MANDATE | |
42 | 01/16/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
43 | 01/16/2020 | EXPUNGED - Nonpermanent record items destroyed |