[Go to Documents] | Filed Aug. 24, 1994 |
Charles Hodek, Jr. and Greg Daws, Plaintiffs and Appellants
Allan Anderson, Larry Zacha, Francis Solberg, and Daniel Shirek, Plaintiffs
v.
Greater Nelson County Consortium, a/k/a Dakota Prairie Public School District No. 1, Defendant and Appellee
Civil No. 930351
On petition for rehearing.
DENIED.
Per Curiam.
Hodek v. Greater Nelson County Consortium
Civil No. 930351
Per Curiam.
The appellee, Greater Nelson County Consortium, a/k/a Dakota Prairie Public School District No. 1, has petitioned this court for rehearing, or in the alternative, for modification of the final sentence of the opinion, which states that a levy of 188 mills exceeds the limit contained in H.B. 1003. The appellee argues that H.B. 1003 refers to Section 57-15-14, N.D.C.C., which provides certain ways in which a school district may exceed the maximum levy established in Section 57-15-14. Appellee asserts that one or more of those exceptions should apply in this case.
The petition for rehearing or modification is denied. However, because this particular issue was neither briefed nor argued to this court, appellee is not precluded from making this argument to the trial court.
Gerald W. VandeWalle, C.J.
Herbert L. Meschke
Dale V. Sandstrom
William A. Neumann
Justice Levine was unavoidably absent.