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Suelzle v. NDDOT

Docket No. 20190343
Oral Argument: Waived

Docket Info

Title
Benjamin Dean Suelzle, Petitioner and Appellant
v.
North Dakota Department of Transportation, Respondent and Appellee
Case Type
CIVIL APPEAL : TRANSPORTATION DEPT.
Appeal From
Case No. 2019-CV-00210
Northwest Judicial District, McKenzie County
Robin Ann Schmidt
2020 ND 206949 N.W.2d 862

Highlight

A person may be arrested for actual physical control of a vehicle while under the influence of alcohol if the vehicle is located on private property in a private area to which the public has a right of access.

Whether property is a private area to which the public has a right of access is a question of fact, which may be determined by factors including: the existence or absence of signs, gates, or barriers; whether or not there is routine use by the public not specifically invited to use the property, such as for purposes of visiting, making deliveries, or otherwise interacting with the owner; and the location of the vehicle on the property.


Briefs

Filing Date Description
03/09/2020 APPELLANT BRIEF View
04/08/2020 APPELLEE BRIEF View
04/22/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ATT. GENERAL OFFICE Michael Trent Pitcher - 06369
APPELLANT PRIVATE PRACTICE Elisabeth E. Hewett - 08871
APPELLANT PRIVATE PRACTICE Philip Becher - 08885

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

Seq. # Filing Date Description Attachment
1 11/08/2019 NOTICE OF APPEAL : 11/08/2019
2 11/08/2019 ORDER FOR TRANSCRIPT : 11/22/2019
3 11/21/2019 Received $125 filing fee
4 11/22/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 11/22/2019 Notice served on Philip Becher & Michael T. Pitcher
6 11/22/2019 ADMINISTRATIVE HEARING TRANSCRIPT DATED MAY 6, 2019 (E-MAILED)
7 12/10/2019 AMENDED NOTICE OF APPEAL
8 12/11/2019 NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERVICE
9 12/11/2019 Notice served on Phillip Becher and Michael T. Pitcher
10 12/23/2019 ELEC. RECORD ON APPEAL DATED DECEMBER 20, 2019 (ENTRY NOS. 1-30, 32-58)(NOT SENT: 31)
11 01/13/2020 ELECTRONIC TRANSCRIPT DATED SEPTEMBER 10, 2019
12 01/13/2020 C.O.S for TRA dated 9-10-19
13 01/14/2020 1ST ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 8, 2020 (ENTRY NOS. 59)(Rec'd by U.S. Mail -
14 01/14/2020 Docket Entry 31 - flash drive)
15 02/20/2020 MOT. EXT/TIME APPELLANT BRIEF
16 02/21/2020 ACTION BY CLERK - Granted : 03/09/2020
17 03/09/2020 APPELLANT BRIEF View
18 03/09/2020 APPELLANT APPENDIX
19 03/16/2020 Rec'd non-substantive corrections to ATB
20 03/18/2020 Rec'd 6 copies of ATB & ATA from CSD
21 04/08/2020 APPELLEE BRIEF View
22 04/09/2020 Rec'd 5 copies of AEB from CSD
23 04/15/2020 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
24 04/22/2020 REPLY BRIEF View
25 04/23/2020 Rec'd non-substantive corrections to RYB (page numbering)
26 04/23/2020 Rec'd 5 copies of RYB from CSD
27 05/07/2020 APPEARANCES: Wavied under N.D.R.App.P. 34(a)(1)(c)
28 05/07/2020 ARGUED: Wavied under N.D.R.App.P. 34(a)(1)(c)
29 05/07/2020 ORAL ARGUMENT WEBCAST
30 10/21/2020 DISPOSITION
31 10/21/2020 SPLIT OPINION : Tufte, Jerod E. View
32 10/21/2020 DISSENTING : VandeWalle, Gerald W.
33 10/21/2020 JOIN IN THE DISSENT : McEvers, Lisa K. Fair
34 10/21/2020 COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT
35 10/27/2020 Judgment Sent to Parties
36 11/13/2020 MANDATE
37 11/16/2020 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE