02 Jan LINCOLN CITY COUNCIL FAILED TO PROPERLY NOTICE AND ANNOUNCE THEIR EXECUTIVE SESSION, AND THE EXECUTIVE SESSION DID NOT CONSTITUTE ATTORNEY CONSULTATION.
January 2, 2025 You can view this opinion at: 2025-O-01[print-me]...
Author: Josh Iverson
17 Dec FARGO’S HOME RULE CHARTER AND ORDINANCE REGARDING ITS APPROVAL VOTING ELECTION PROCEDURE SUPERSEDE THE BALLOT REQUIREMENTS OF N.D.C.C. SECTION 16.1-06-04 FOR THE ELECTION OF CITY OFFICIALS
December 17, 2024Because the City of Fargo is a home rule city which validly adopted an approval voting procedure through its appropriately adopted and enacted home rule charter powers and implementing ordinance, the City of Fargo’s approval voting ordinance supersedes conflicting state laws related to...
12 Nov DENIAL OF RECORDS FOR AN IMPROPER REASON IS A VIOLATION OF OPEN RECORDS LAW
November 12, 2024Request: Whether Mandan Park District improperly denied a request for records, citing an outstanding charge, when payment had been provided to the district.Conclusion: Mandan Park District received a personal check for a previously filled record request and did not deposit the check, therefore...
05 Nov HOME RULE CITIES LACK THE STATUTORY AUTHORITY TO ENACT AN ORDINANCE REGARDING THE RECALL OF CITY OFFICERS THAT CONFLICTS WITH THE PROCESS SET FORTH IN N.D.C.C. SECTION 44-08-21
November 5, 2024Because N.D.C.C. § 40-05.1-06 does not grant home rule charter cities the power to provide for the recall of elected city officials, a home rule charter city may not adopt an ordinance which conflicts with the process for the recall of city officers...
31 Oct TIME LIMITATIONS IN N.D.C.C. SECTION 1-01-50 APPLY TO THE FILING OF A PETITION TO INITIATE AN ORDINANCE IN THE CITY OF BISMARCK
October 31, 2024Article 5 of the City of Bismarck’s Home Rule Charter does not contain a provision related to time limits for the filing or presentation of a petition to initiate an ordinance, therefore, the time limitations of N.D.C.C. § 1-01-50 apply. You can view this...
31 Oct ATTORNEY GENERAL WRIGLEY ANNOUNCES SETTLEMENTS AND CONSUMER REFUNDS IN ONGOING GENERIC DRUG PRICE-FIXING LITIGATION
October 31, 2024CONTACT: Suzie Weigel, 701.328.2210BISMARCK - Attorney General Drew Wrigley today joined a coalition of 50 states and territories announcing two significant settlements and cooperation agreements with Heritage Pharmaceuticals and Apotex totaling $49.1 million to resolve allegations that both companies engaged in widespread,...
21 Oct WATER RESOURCE DISTRICTS ARE REQUIRED TO INVESTIGATE COMPLAINTS REGARDLESS OF PROPERTY OWNERSHIP
October 21, 2024Request: A water resource district is required by law to exercise its discretion in determining whether a landowner must replace culverts or fill in a ditch when it was not the landowner who removed the culverts. You can view this opinion at: 2024-L-03[print-me]...
09 Oct NORTH DAKOTA JOINS 20-STATE COALITION SUING TO STOP NURSING HOME RULE CHANGE
October 9, 2024CONTACT: Suzie Weigel, 701.328.2210BISMARCK, N.D. – North Dakota Attorney General Drew Wrigley, with the full support of Gov. Doug Burgum, today joined a 20-state coalition, led by Kansas Attorney General Kris Kobach, Iowa Attorney General Brenna Bird and South Carolina Attorney General...
04 Oct IF AN INDIVIDUAL BECOMES A DISTRICT COURT JUDGE, AFTER HAVING RETIRED FROM AN NDPERS PARTICIPATING EMPLOYER, IT IS CONSIDERED A RETURN TO SERVICE AND INTERRUPTS RETIREMENT BENEFITS UNDER NDPERS BECAUSE THERE IS NO DUAL COVERAGE EXEMPTION FOR DISTRICT COURT JUDGES
October 4, 2024Request: Whether a sitting district court judge, who has reached his or her rule of 85, may collect retirement benefits from the NDPERS main plan without first retiring from his or her current position as a judge. Whether, to collect from the NDPERS...
11 Sep SOUTHWEST HEALTHCARE SERVICES VIOLATED OPEN RECORDS LAW WHEN IT REFUSED TO PROVIDE RECORDS REGARDING HEALTHCARE SALES TAX EXPENDITURES
September 11, 2024Request: Whether Southwest Healthcare Services is a public entity subject to open records laws and, if so, whether they improperly denied a request for records.Conclusion: Southwest Healthcare Services is a public entity subject to open records laws to the extent it uses or...