Summary
The North Dakota Supreme Court held that N.D.C.C. § 42-01-07 lists remedies available against a public nuisance but does not limit the State to pursuing only one remedy. Accordingly, the State could pursue both a civil nuisance action and a criminal prosecution against the same individual for the same nuisance, and the court affirmed the denial of Martin’s motion to dismiss.
Holdings
- N.D.C.C. § 42-01-07 lists remedies available against a public nuisance but does not limit the State to pursuing only one of those remedies against the same individual for the same nuisance. The State therefore may pursue both criminal and civil nuisance remedies.
Questions Presented
- Whether N.D.C.C. § 42-01-07 makes the listed remedies for a public nuisance mutually exclusive, thereby prohibiting the State from pursuing both a criminal prosecution and a civil nuisance action against the same individual for the same nuisance.
Disposition
affirmed
Cases Cited (11)
- Sauby v. City of Fargo, 2008 ND 60, ¶ 8, 747 N.W.2d 65(followed)
- Simon v. Simon, 2006 ND 29, ¶ 12, 709 N.W.2d 4(followed)
- Industrial Contractors, Inc. v. Workforce Safety & Insurance, 2009 ND 157, ¶¶ 11-12, 772 N.W.2d 582(followed)
- Christl v. Swanson, 2000 ND 74, ¶ 12, 609 N.W.2d 70(followed)
- Sloven v. Olson, 98 N.W.2d 115, 121 (N.D. 1959)(followed)
- State ex rel. Stenehjem v. FreeEats.com, Inc., 2006 ND 84, ¶ 14, 712 N.W.2d 828(followed)
- De Sylva v. Ballentine, 351 U.S. 570, 573, 76 S. Ct. 974, 100 L. Ed. 1415 (1956)(persuasive)
- Haugenoe v. Workforce Safety & Insurance, 2008 ND 78, ¶ 8, 748 N.W.2d 378(followed)
- Morton County Social Services Board v. Cramer, 2010 ND 58, ¶ 16, 780 N.W.2d 688(followed)
- Stenehjem ex rel. State v. Crosslands, Inc., 2010 ND 91, ¶ 14, 782 N.W.2d 632(followed)
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Court Document
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