Lapp v. ND Dept. of Transportation
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| 20010040 |
Roger D. Lapp, Petitioner and Appellee
v.
North Dakota Department
of Transportation, Respondent and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Robert O. Wefald |
|
Nature of Action: |
Transportation Dept.
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| Counsel: |
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| Term: |
05/2001 Argument: 05/31/2001 09:30am
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| ND cite: |
2001 ND 140
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| NW cite: |
632 N.W.2d 419
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Whether there were sufficient grounds justifying the encounter between Officer Huber and Lapp.
Appellee's Statement of the Issues:
Issue One: The Hearing Officer erred in making findings of fact which were clearly erroneous.
Issue Two: The Hearing Officer erred in concluding that Huber's opening of Lapp's door and asking for identification was not a violation of the fourth amendment and even greater protection under article I, section 8 of the North Dakota
constitution.
Issue Three: The Hearing Officer's conduct was prejudicial to Lapp and warrant's reversal in the interests of justice.
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| 1 | | 02/07/2001 | |
NOTICE OF APPEAL: 02/05/2001 |
| 2 | | 02/07/2001 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 3 | | 03/07/2001 | |
RECORD ON APPEAL & Transcript of Testimony of Administrative Hearing dated 8-14-00 |
| 4 | | 03/12/2001 | |
DISK - TRA of Admin. Hearing |
| 5 | | 03/19/2001 | |
APPELLANT BRIEF |
| 6 | | 03/19/2001 | |
APPELLANT APPENDIX |
| 7 | | 03/21/2001 | |
Additional copy of Appendix |
| 8 | | 03/21/2001 | |
corrected Table of Contents and pages 58, 62, and 101 for ATA |
| 9 | | 04/19/2001 | |
SITTING WITH THE COURT: Leclerc, Lawrence A. |
| 10 | | 04/25/2001 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 11 | | 04/25/2001 | |
ACTION BY CLERK (MAE). Granted: 04/25/2001 |
| 12 | | 04/25/2001 | |
APPELLEE BRIEF |
| 13 | | 04/25/2001 | |
DISK of AEB |
| 14 | | 04/27/2001 | |
Letter dated 4-26-01 from Chad R. McCabe re correction to ATB (Distributed w/briefs) |
| 15 | | 05/07/2001 | |
Corrected page 20 for AEB |
| 16 | | 05/07/2001 | |
DISK - AEB (Corrected)(e-mailed) |
| 17 | | 05/08/2001 | |
MOT. EXT/TIME REPLY BRIEF |
| 18 | | 05/08/2001 | |
ACTION BY CLERK. Granted: 05/16/2001 |
| 19 | | 05/16/2001 | |
REPLY BRIEF |
| 20 | | 05/16/2001 | |
DISK (electronically filed) |
| 21 | | 05/31/2001 | |
APPEARANCES: Reid A. Brady, Andrew Moraghan; Chad R. McCabe |
| 22 | | 05/31/2001 | |
ARGUED: Brady; McCabe (Vol. X; page 139) |
| 23 | | 05/31/2001 | |
ORAL ARGUMENT WEBCAST |
| 24 | | 07/25/2001 | |
DISPOSITION: REVERSED |
| 25 | | 07/25/2001 | |
UNANIMOUS OPINION: Neumann, William A. |
| 26 | | 07/25/2001 | |
Costs on appeal taxed in favor of Appellant |
| 27 | | 07/26/2001 | |
Order/Judgment Mailed to Parties |
| 28 | | 08/16/2001 | |
MANDATE |
| 29 | | 08/20/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 30 | | 07/31/2007 | |
EXPUNGED - Nonpermanent record items destroyed |