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Annexation of a Part of Lewis & Clark Public School District

Docket No. 20150182
Oral Argument: Tuesday, December 15, 2015 1:30pm

Docket Info

Title
In the Matter of the Annexation
of a Part of Lewis & Clark Public
School District #161 of Ward,
Mountrail, Renville and McLean
Counties to Garrison Public School
District #51 of McLean and Ward
Counties , Plaintiffs
----------------------
Dwight Johnson, & Darin Vangsness, Appellants
v.
State Board of Public School Education
of the State of North Dakota, Ward
County Superintendent of Schools,
Garrison Public School District #51,
Lewis and Clark Public School
District #161, Defendants
--------------------
State Board of Public School Education
of the State of North Dakota and Lewis
and Clark Public School District #161, Appellees
Case Type
CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
Appeal From
Case No. 2014-CV-00129
South Central Judicial District, McLean County
James S. Hill
2016 ND 41876 N.W.2d 40
Oral Argument 12/15/2015

Highlight

A school district may be adversely affected by an annexation decision that causes the district to lose land or gain unwanted land.
The State Board of Public School Education may consider the amount of land involved in an annexation petition.
The catch-all statutory provision allowing the State Board to consider "[a]ll other relevant factors" in an annexation case is not unconstitutionally vague or an unconstitutional delegation of legislative authority.

Briefs

Filing Date Description
09/29/2015 APPELLANT BRIEF (PDF) View
10/29/2015 APPELLEE BRIEF (Lewis & Clark Public School District) View
10/30/2015 APPELLEE BRIEF (State Board of Public School Education)
11/05/2015 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ATT. GENERAL OFFICE Douglas Alan Bahr - 04940
APPELLANT PRIVATE PRACTICE Robert S Rau - 03133
APPELLEE PRIVATE PRACTICE Rachel Ann Bruner - 06418

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

Seq. # Filing Date Description Attachment
1 06/18/2015 NOTICE OF APPEAL : 06/18/2015
2 06/18/2015 ORDER FOR TRANSCRIPT : 06/22/2015
3 06/19/2015 Rcv'd $125 filing fee
4 06/22/2015 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 06/22/2015 Notice served on Robert S. Rau,Rachel A. Bruner-Kaufman,Douglas A. Bahr,Jodi Johnson,Steven Brannan
6 06/23/2015 Transcript of Administrative Agency Hearing dated June 16, 2014 (e-mailed)
7 07/20/2015 ELEC. RECORD ON APPEAL DATED JULY 20, 2015 (ENTRY NOS.1-30, 33-42)((Items not sent: 31, 32)
8 08/21/2015 ELECTRONIC TRANSCRIPT DATED APRIL 13, 2015 & C.O.S.
9 09/29/2015 APPELLANT BRIEF (PDF) View
10 09/29/2015 E-FILED BRIEF (PDF)
11 09/29/2015 APPELLANT APPENDIX
12 09/29/2015 E-FILED APPENDIX
13 09/30/2015 Rec'd non-substantive corrections to ATB (nature of proceedings, para #s, etc)
14 10/02/2015 Received $25 e-filing surcharge for ATB (receipt #24012)
15 10/02/2015 Received 7 copies of ATB & 6 copies of ATA from CSD
16 10/28/2015 Non-compliant AEB(State Brd)rec'd, rejected, given until November 4, 2015 to revise (stmt of facts)
17 10/29/2015 APPELLEE BRIEF (Lewis & Clark Public School District) View
18 10/29/2015 E-FILED BRIEF (Lewis & Clark Public School District)
19 11/02/2015 Received $25 e-filing surcharge for AEB (receipt #24066)(Lewis & Clark Public School District)
20 10/30/2015 APPELLEE BRIEF (State Board of Public School Education)
21 10/30/2015 DISK (AEB)(emailed)(State Board of Public School Education)
22 11/06/2015 Received 7 copies of AEB from CSD (Lewis & Clark Public School District)
23 11/05/2015 REPLY BRIEF View
24 11/05/2015 E-FILED BRIEF
25 11/09/2015 Received 7 copies of RYB from CSD
26 11/18/2015 NOTICE OF ORAL ARGUMENT SENT
27 12/15/2015 APPEARANCES: Robert S. Rau; Rachel A. Bruner-Kaufman; Douglas A. Bahr
28 12/15/2015 ARGUED: Robert S. Rau; Rachel A. Bruner-Kaufman; Douglas A. Bahr
29 12/15/2015 ORAL ARGUMENT WEBCAST
30 02/18/2016 DISPOSITION
31 02/18/2016 UNANIMOUS OPINION : VandeWalle, Gerald W. View
32 02/18/2016 Costs on appeal taxed in favor of Appellees
33 02/22/2016 Judgment Sent to Parties
34 03/23/2016 MANDATE
35 07/19/2022 EXPUNGED - Nonpermanent record items destroyed