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French v. N.D. Dep't of Transportation

Docket No. 20180410
Oral Argument: Monday, March 4, 2019 10:45 AM

Docket Info

Title
Benjamin James French, Appellee
v.
Director, North Dakota Department of Transportation, Appellant
Case Type
CIVIL APPEAL : TRANSPORTATION DEPT.
Appeal From
Case No. 2018-CV-00076
East Central Judicial District, Traill County
Steven L. Marquart
2019 ND 172930 N.W.2d 84
Oral Argument 3/4/2019

Highlight

The Department’s driving record, including its notations, for a driver is a regularly kept record and is prima facie evidence of its contents.

A hearing officer is not precluded from drawing inferences from the evidence presented based on common sense and experiences.

A district court may award reasonable attorney fees and costs to a prevailing claimant when an administrative agency has acted without substantial justification.

Briefs

Filing Date Description
12/31/2018 APPELLANT BRIEF View
01/24/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Charles Justin Sheeley - 06383
APPELLANT ATT. GENERAL OFFICE Douglas Bruce Anderson - 05072

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

Seq. # Filing Date Description Attachment
1 11/19/2018 NOTICE OF APPEAL : 11/19/2018
2 11/20/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 11/20/2018 Notice served on Douglas B. Anderson and Charles J. Sheeley
4 11/20/2018 DISK - Transcript of Administrative Agency Hearing dated July 9, 2018 (e-mailed)
5 12/18/2018 ELEC. RECORD ON APPEAL DATED DECEMBER 18, 2018 (ENTRY NOS. 1 - 44 )
6 12/31/2018 APPELLANT BRIEF View
7 12/31/2018 APPELLANT APPENDIX
8 12/31/2018 DISK (ATB) e-mailed
9 01/24/2019 APPELLEE BRIEF View
10 01/24/2019 E-FILED BRIEF
11 02/01/2019 Rec'd 6 copies of AEB by CSD
12 02/07/2019 Rec'd $25 AEB surcharge (Receipt No 26887)
13 02/19/2019 NOTICE OF ORAL ARGUMENT SENT
14 03/04/2019 APPEARANCES: Douglas B. Anderson; Charles J. Sheeley
15 03/04/2019 ARGUED: Douglas B. Anderson; Charles J. Sheeley
16 03/04/2019 ORAL ARGUMENT WEBCAST
17 06/27/2019 Reversed and Reinstated
18 06/27/2019 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
19 06/27/2019 Costs in favor of Appellant
20 06/28/2019 Judgment Sent to Parties
21 07/19/2019 MANDATE