Sample v. N.D. Department of Transportation
Docket No. 20090106
Oral Argument:
Thursday, September 3, 2009 11:00am
Docket Info
- Title
- Larry Sample, d/b/a Sample
Auto Sales, Petitioner and Appellant
v.
North Dakota Department of
Transportation, Respondent and Appellee - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 08-C-02558
South Central Judicial District, Burleigh County
Gail Hagerty
2009 ND 198775 N.W.2d 707
Oral Argument
9/3/2009
Highlight
The Department of Transportation may suspend a motor vehicle dealer's license for violating N.D.C.C. 39-04-17.
Leaving the manner and means of exercising an administrative agency's powers to the discretion of the agency implies a range of reasonableness within which the agency's exercise of discretion will not be interfered with by the judiciary.
Whether an individual has "willfully violated" a legal duty is a question of fact.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 03/20/2009 | NOTICE OF APPEAL : 03/18/2009 | |
| 2 | 03/20/2009 | ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V. | |
| 3 | 04/14/2009 | RECORD ON APPEAL & Transcript of Administrative Hearing dated 9-4-08 | |
| 4 | 04/15/2009 | DISK - Administrative Transcript of September 4, 2008 | |
| 5 | 04/15/2009 | ANNOUNCED DISQUALIFICATION : Crothers, Daniel John | |
| 6 | 04/24/2009 | APPELLANT BRIEF | View |
| 7 | 04/24/2009 | APPELLANT APPENDIX | |
| 8 | 04/24/2009 | DISK of ATB | |
| 9 | 05/20/2009 | APPELLEE BRIEF | View |
| 10 | 05/21/2009 | DISK-AEB | |
| 11 | 06/02/2009 | REPLY BRIEF | View |
| 12 | 06/02/2009 | DISK-RYB | |
| 13 | 07/23/2009 | NOTICE OF ORAL ARGUMENT MAILED | |
| 14 | 07/31/2009 | SITTING WITH THE COURT : Bohlman, Bruce E. | |
| 15 | 08/03/2009 | SITTING WITH THE COURT : Narum, Daniel D. | |
| 16 | 08/25/2009 | Letter from Michael Pitcher dated 8-24-09 RE: DOT intends to reference NDCC 39-04-37(1) at oral arg | |
| 17 | 09/03/2009 | APPEARANCES: Michael J. Geiermann/Michael Pitcher, Asst. Atty. Gen. | |
| 18 | 09/03/2009 | ARGUED: Geiermann/Pitcher | |
| 19 | 09/03/2009 | ORAL ARGUMENT WEBCAST | |
| 20 | 12/02/2009 | DISPOSITION | |
| 21 | 12/02/2009 | UNANIMOUS OPINION : Maring, Mary Muehlen | View |
| 22 | 12/02/2009 | Costs on appeal taxed in favor of Appellee | |
| 23 | 12/03/2009 | Judgment Sent to Parties | |
| 24 | 12/28/2009 | MANDATE | |
| 25 | 12/30/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 26 | 10/20/2020 | EXPUNGED - Nonpermanent record items destroyed |