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Blue Appaloosa v. NDIC

Docket No. 20210292
Oral Argument: Waived

Docket Info

Title
Blue Appaloosa, Inc., Appellant
v.
North Dakota Industrial Commission, Appellee
Case Type
CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
Appeal From
Case No. 2021-CV-00036
Southwest Judicial District, Dunn County
James D. Gion
2022 ND 119975 N.W.2d 578

Highlight

The Industrial Commission’s jurisdiction does not depend solely on the filing of an application, but instead on the jurisdictional fact of intent. The Commission has the authority and duty to investigate potential violations of its regulations, including a failure to obtain a permit or file a bond.

The Commission has regularly pursued its authority, and its findings and conclusions that an operator began construction on a treating plant prior to obtaining a permit or filing a bond in violation of N.D. Admin. Code ch. 43-02-03 are sustained by the law and by substantial and credible evidence.


Briefs

Filing Date Description
11/29/2021 APPELLANT BRIEF View
12/29/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Jonathan Paul Sanstead - 05332
APPELLEE ATT. GENERAL OFFICE Matthew Arnold Sagsveen - 05613
APPELLEE ATT. GENERAL OFFICE David Ray Phillips - 06116

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

Seq. # Filing Date Description Attachment
1 10/20/2021 NOTICE OF APPEAL : 10/20/2021
2 10/25/2021 Rec'd $125 filing fee
3 10/25/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 10/25/2021 Notice served on Jonathan P. Sanstead & David R. Phillips
5 10/26/2021 DISK - Transcript of Administrative Agency Hearing dated December 4, 2020 (e-mailed)
6 11/22/2021 ELEC. RECORD ON APPEAL DATED NOVEMBER 19, 2021 (ENTRY NOS. 1-41)
7 11/29/2021 APPELLANT BRIEF View
8 11/29/2021 APPELLANT APPENDIX
9 12/02/2021 Rec'd non-substantive corrections to ATA (admin & d.c. docket sheet, pg numbering)
10 12/07/2021 Rec'd 3 copies of ATB & 2 copies of ATA from CSD
11 12/08/2021 Rec'd e-filing surcharge for ATA (receipt #28305)
12 12/29/2021 APPELLEE BRIEF View
13 12/29/2021 APPELLEE APPENDIX
14 12/30/2021 Rec'd 3 copies of AEB from CSD
15 01/03/2022 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
16 12/30/2021 Rec'd 2 copies of AEA from CSD
17 02/24/2022 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c)
18 02/24/2022 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c)
19 06/08/2022 DISPOSITION
20 06/08/2022 UNANIMOUS OPINION : Tufte, Jerod E. View
21 06/08/2022 Judgment View
22 06/08/2022 Costs on appeal taxed in favor of Appellee
23 06/30/2022 MANDATE