North Dakota Attorney General Opinions

N.D.A.G. Letter to Ottinger (Oct. 26, 1987) October 26, 1987 Roy A. Ottinger, D.C. Secretary-Treasurer State Board of Chiropractic Examiners 1300 Sixth Avenue N.E. Jamestown, ND 58401 Dear Dr. Ottinger: Thank you for your letter of July 30, 1987, in which you requested assistance in determining whether or not it is legal for the State Board of Chiropractic Examiners to use the Written Clinical Competency Examination (hereinafter WCCE) prepared by the National Board of Chiropractic Examiners in lieu of part of the present state examination. I apologize fo

N.D.A.G. Letter to Slorby (Oct. 19, 1987) October 19, 1987 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter of August 19, 1987. I apologize for the delay in responding to you. Your letter asks for an Attorney General's opinion on the question of whether Ward County may hold an employee financially responsible and accountable for the loss of county funds. As the attachment to your letter indicates, N.D.C.C. § 34-02-16 addresses the question of an employee's liability to his employer. N.D.C.C. § 34-02-16 pro

N.D.A.G. Letter to Meier (Oct. 19, 1987) October 19, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: You have recently inquired whether you should comply with Ernest Lang's request that you remove the central filing notice in favor of the Bank of Steele. Mr. Lang's position is apparently based upon a judgment dated February 3, 1986, in Bank of Steele v. Lang , South Central Judicial District, Civil No. 36266, February 3, 1986, (copy attached) which inter alia , provided: That the security interest of the Plaintiff in all Defendant

N.D.A.G. Letter to Freise (Oct. 19, 1987) October 19, 1987 Mr. Robert P. Freise Director Division of Emergency Health Services ND State Department of Health State Capitol Bismarck, ND 58505 Dear Mr. Freise: Thank you for your letter of September 4, 1987, regarding the pre-hospital emergency medical services system. You have inquired whether North Dakota Administrative Code § 50-03-01-12 conflicts with N.D. Admin. Code § 50-03-03-03. N.D. Admin Code ch. 50-03-01 regulates the practice of a physician's trained assistant. In general, that chapter identifies and restricts what a physicia

N.D.A.G. Letter to Meier (Oct. 15, 1987) October 15, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of September 25, 1987, concerning a dispute which has occurred over the registration of the trade name known as "The Straight Shot Band." According to your letter, a Statement of Change of Ownership of Trade Name Registration was filed by certain individuals in your office. In response to the filing of that document, you issued a trade name certificate to those individuals. The attorney for the original owner o

Office of Attorney General State of North Dakota Opinion No. 87-21 Dated Issued: October 15, 1987 Requested by: Michel W. Stefonowicz Divide County State's Attorney --QUESTIONS PRESENTED-- I. Whether N.D.C.C. § 57-15-06.3(3) authorizes a board of county commissioners to make substantive changes in a farm-to-market road program that was approved by the county electorate prior to 1981. II. Whether a change in the farm-to-market road program instituted under N.D.C.C. § 57-15-06.3(3) is subject to the public hearing re

Office of the Attorney General State of North Dakota Opinion No. 87-20 Dated Issued: October 15, 1987 Requested by: Lyle Witham McHenry County State's Attorney --QUESTIONS PRESENTED-- I. Whether a board of county commissioners may levy an annual tax under N.D.C.C. §§ 57-15-06.6 and 57-15-06.7(19.1) for the purpose of housing prisoners in neighboring county correction centers. II. Whether a contract for jail services pursuant to N.D.C.C. § 12- 44.1-02(2) qualifies as a "lease" for which a special mill levy may be assessed pursuant

N.D.A.G. Letter to Meier (Oct. 1, 1987) October 1, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, North Dakota 58505 Dear Secretary of State Meier: Thank you for your letter of September 16, 1987, concerning the membership of the Emergency Commission and the ability of other persons to sit in the place of named officials comprising the Emergency Commission. Your first question is whether the Deputy Secretary of State may take the place of the Secretary of State at meetings of the Emergency Commission. N.D.C.C. § 44-03-01 authorizes the Secretary of State, among oth

N.D.A.G. Letter to Johnson (Oct. 1, 1987) October 1 1987 Mr. James O. Johnson Assistant State's Attorney Mercer County State's Attorney Mercer County Courthouse Stanton, ND 58571 Dear Mr. Johnson: Thank you for your letter of September 1, 1987, inquiring as to whether the county may borrow money without authorization of the voters to build a county-owned power pipeline. According to your letter, the county proposes to pay for the cost of the construction of the pipeline solely with those revenues received from the operation of the pipeline. As such, the amount of money to be borrowed w

Office of the Attorney General State of North Dakota Opinion No. 87-19 Date Issued: October 1, 1987 Requested by: Timothy Wilhelm Assistant State's Attorney Ward County --QUESTION PRESENTED-- Whether N.D.C.C. ch. 40-50.1, requiring the platting of subdivisions and townsites, applies to areas beyond the boundaries and zoning jurisdiction of cities? --ATTORNEY GENERAL'S OPINION-- It is my opinion that N.D.C.C. ch. 40-50.1, requiring the platting of subdivisions and townsites, applies to areas beyond the boundaries and zoning j

N.D.A.G. Letter to Wilhlem (Sep. 30, 1987) September 30, 1987 Mr. Timothy C. Wilhelm Assistant State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Wilhelm: Thank you for your letter dated August 4, 1987, requesting an Attorney General's opinion on Supreme Court Administrative Rule 13(5)(e). It is the policy of this office to refrain from rendering formal legal opinions where the questions presented concern the internal operation or management of the judicial branch of government. As illustrated below, your questions involve the operation and management

N.D.A.G. Letter to Meier (Sep. 30, 1987) September 30, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of September 15, 1987, inquiring as to the applicability of late filing fees and possible involuntary dissolution to those corporations which do not timely return their corrected annual reports pursuant to North Dakota law. N.D.C.C. § 10-23-02 states that annual reports submitted by domestic corporations which do not conform to the requirements of N.D.C.C. § 10-23-01 shall be returned by the Secretary of Stat

N.D.A.G. Letter to Rayl (Sep. 25, 1987) September 25, 1987 Mr. Richard L. Rayl Director Office of Management and Budget State Capitol Bismarck. ND 58505 Dear Mr. Rayl: Thank you for your letter of July 17, 1987, in which you request my formal opinion on the proper interpretation of Senate Bill No. 2536 (N.D.C.C. § 54-44.1-13.1) as passed by the Fiftieth Legislative Assembly. In your letter, you explain that your questions have arisen in connection with the referral of the sales tax on cable TV services which has suspended the tax pending a vote of the people. N.D.C.C. § 54-44.1-13.1 s

N.D.A.G. Letter to Larson (Sep. 25, 1987) September 25, 1987 Mr. Stuart A. Larson Traill County State's Attorney P.O. Box 188 Hillsboro, North Dakota 58045 Dear Mr. Larson: Thank you for your letter of April 30, 1987, inquiring as to the authority of a city to contribute from its general funds to a charitable organization. The matter discussed in your letter refers to a contribution which the city of Hillsboro apparently wishes to make to the Health and Humanities Foundation whose purpose is to further the health care requirements of the Hillsboro Community Hospital. Enclosed wi

N.D.A.G. Letter to Brindle (Sep. 25, 1987) September 25, 1987 Mr. John P. Brindle Renville County State's Attorney's Office 205 Main Street E P.O. Box 398 Mohall, ND 58761 Dear Mr. Brindle: Thank you for your letter of August 27, 1987, requesting an Attorney General's opinion on the issue of designation of smoking areas within a county courthouse. The portions of N.D.C.C. ch. 23-12 which apply directly to your question include N.D.C.C. §§ 23-12-09(1)(b), 23-12-10, and 23-12-10.1 which state as follows: 23-12-09. Smoking in places of public assembly -- Definitions. In sections 23-12-0

N.D.A.G. Letter to Rayl (Sep. 24, 1987) September 24, 1987 Mr. Richard L. Rayl Director of Institutions State Capitol Bismarck, ND 58505-0144 Dear Mr. Rayl: Thank you for your letter dated July 29, 1987, in which you inquire as to whether the North Dakota Board of Pardons can delegate to the Director of Institutions, for the remainder of this biennium, supervision and management of parole officers appointed by the Board pursuant to N.D.C.C. § 12-55-07. I apologize for the delay in responding to you. N.D. Const. Art. V, § 6, sets forth the basic composition and powers of the North Dakot

N.D.A.G. Letter to Slorby (Sep. 23, 1987) September 23, 1987 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot North Dakota 58701 Dear Mr. Slorby: Thank you for your letter of September 3, 1987, inquiring as to the ability of the board of county commissioners to place a question upon the next primary or general election ballot as to whether the people of Ward County desire a particular tax levy to be continued. We assume from your inquiry that the question desired to be placed before the voters is in the nature of a nonbinding advisory poll or, as it has been c

N.D.A.G. Letter to Person (Sep. 22, 1987) September 22, 1987 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of August 10, 1987, inquiring as to the eligibility of retired members of the Public Employees Retirement System to vote for and to serve as Retirement System board members. N.D.C.C. § 54-52-03 provides for the governing authority of the Public Employees Retirement System. The governing authority of the system consists of a board

N.D.A.G. Letter to Hanson (Sep. 11, 1987) September 11, 1987 Honorable Robert E. Hanson State Treasurer State Capitol Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your letter of August 27, 1987, concerning clearing accounts for state departments or agencies. N.D.C.C. § 54-06-08.1 allows departments, institutions, or agencies of the state which collect money to maintain clearing accounts. Such accounts must be approved by the director of the Office of Management and Budget, the State Auditor, and the State Treasurer. There is no further statutory language as to the manner in which

Office of the Attorney General State of North Dakota Opinion No. 87-18 Date Issued: September 11, 1987 Requested by: Representative Larry A. Klundt --QUESTIONS PRESENTED-- I. Whether "the child's physician," as that language is used in N.D.C.C. § 15-34.1-03(4), must be licensed to practice medicine in North Dakota. II. Whether "the child's physician," must be a person who has examined, diagnosed, or treated the child. III. Whether "the child's classroom teacher," as that language is used in N.D.C.C. § 15-34.1-03(4), mu

N.D.A.G. Letter to Tollelfson (Sep. 10, 1987) September 10, 1987 Mr. Douglas Tollefson, Director Pesticide/Noxious Weed Division North Dakota Department of Agriculture State Capitol Bismarck, ND 58505 Dear Mr. Tollefson: Thank you for your letter of August 10, 1987, concerning record keeping under the North Dakota Pesticide Act. N.D.C.C. § 4-35-16 states that the Pesticide Control Board is to "require licensees, except private applicators, to maintain records with respect to applications and sales of restricted use pesticides. Such relevant information as the Bo

N.D.A.G. Letter to Meier (Sep. 10, 1987) September 10, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of September 1, 1987, concerning the filing of annual reports by domestic and foreign corporations. North Dakota law as found at N.D.C.C. § 10-23-02 requires domestic corporations to deliver to the Secretary of State their annual reports on or before the first day of August. N.D.C.C. § 10-23-03 provides the same requirement for foreign corporations and their annual reports except that such delivery must occur

N.D.A.G. Letter to Schoenwald (Sep. 2, 1987) September 2, 1987 Senator Larry W. Schoenwald State Senator, Fifth District 1011 18th Avenue S.W. Minot, ND 58701 Dear Senator Schoenwald: Thank you for your letter dated August 9, 1987, in which you inquire as to the authority of a board of county commissioners to pass an ordinance to control dogs within the county. N.D. Const. art. VII, § 2, provides as follows: Section 2. The legislative assembly shall provide by law for the establishment and the government of all political subdivisions. Each political subdivision shall have and exercise

N.D.A.G. Letter to Brovold (Sep. 2, 1987) September 2, 1987 Mr. Jay V. Brovold Billings County State's Attorney P.O. Box 187 Medora, ND 58645 Dear Mr. Brovold: Thank you for your letter of July 7, 1987. I apologize for the delay in responding. As you know, Congress is invested by the federal Constitution with the power of disposing of and making needful rules and regulations respecting property belonging to the United States. It not only has a legislative power over the public domain, but it also exercises the powers of the proprietor therein. Congress may deal with such lands precisel

N.D.A.G. Letter to McLean (Sep. 1, 1987) September 1, 1987 Ms. Jeanne L. McLean Bottineau County State's Attorney P.O. Box 26 Bottineau, ND 58318 Dear Ms. McLean: Thank you for your letter of August 11, 1987. You ask whether a county commission has the power to override decisions made by its county water resource district. The mangers of a county water resource district are appointed by the county commission. N.D.C.C. § 61-16-08. Once appointed the water managers have significant independence. There is no statute or case law empowering the county commission to supervise water managers,

N.D.A.G. Letter to Collins (Sep. 1, 1987) September 1, 1987 Ms. Jet Collins Administrative Assistant Credit Review Board State Capitol Bismarck, ND 58505 Dear Ms. Collins: Thank you for your letter of August 7, 1987, concerning Senate Bill 2477. Senate Bill 2477 was passed by the 1987 Legislative Assembly to address the situation of distressed farmers and businesses and to authorize a means of providing legal and tax assistance to them. Section 2 of that bill provided an appropriation. Section 2 stated as follows: Section 2. Appropriation. There is hereby appropriated out of any mone

N.D.A.G. Letter to Dosch (Aug. 31, 1987) August 31, 1987 Mr. Ronald M. Dosch Devils Lake City Attorney P.O. Box 1048 Devils Lake, ND 58301 Dear Mr. Dosch: Thank you for your letter of May 19, 1987, requesting the assistance of this office in attempting to reconcile the provisions of N.D.C.C. §§ 40-05.1-06(10), 11-11-14(13). According to your letter, your request occurs as a result of a recent resolution passed by the Board of County Commissioners of Ramsey County. For that reason, my office contacted Ramsey County State's Attorney Lewis Jorgenson about the issues involved. His respons

N.D.A.G. Letter to Schneider (Aug. 24, 1987) August 24, 1987 Hon. John T. Schneider State Representative District 21 1117 Third Avenue South Fargo, ND 58103 Dear Representative Schneider: Thank you for your letter of July 29, 1987, incorporating six questions posed by Fargo Mayor Jon G. Lindgren in your request for an opinion concerning a proposed contract for the hiring of a city administrator on behalf of the Fargo City Commission. Questions A, B, C, and E inquire as to the legality of the contract in question with respect to certain ordinances of the city of Fargo. Traditionally, t

N.D.A.G. Letter to Holmberg (Aug. 21, 1987) August 21, 1987 Honorable Ray Holmberg State Senator District 17 and 18 1701 Riverside Drive Grand Forks, ND 58201 Dear Senator Holmberg: Thank you for your letter of July 16, 1987, concerning Senate Bill No. 2380. As codified as N.D.C.C. § 5-02-05.2, Senate Bill No. 2380 provides that "the local governing body may provide . . . the right of an eating establishment to dispense and sell beer and wine in conjunction with the sale of prepared meals on Sunday. . . ." The phrase "in conjunction with the sale of prepared meals" is ambiguous. It ma

N.D.A.G. Letter to McLean (Aug. 18, 1987) August 18, 1987 Ms. Jeanne L. McLean Bottineau County State's Attorney P.O. Box 26 Bottineau, ND 58318 Dear Ms. McLean: Thank you for your letter of July 17, 1987, posing four questions with respect to the establishment of a Bottineau County Public Library service. By a telephone call, we have further learned of a fifth question you have concerning this library service. Also, we have gained additional information concerning your questions. It would appear that Bottineau County, several years ago, utilized the authority found at N.D.C.C. § 40-38

N.D.A.G. Letter to Berg (Aug. 18, 1987 August 18, 1987 Col. Brian C. Berg North Dakota Highway Patrol State Capitol Bismarck, ND 58505 Dear Col. Berg: Thank you for your letter dated August 3, 1987, in which you inquire as to the authority of the highway patrol to adopt trip permit fees and policies by administrative rule. You are correct in your statement that N.D.C.C. § 39-12-02 authorizes the Highway Patrol to adopt rules governing the movement of oversize and overweight vehicles. In addition, you are also correct that N.D.C.C. § 39-12-04 grants the Highway Patrol the power to adopt

Office of the Attorney General State of North Dakota Opinion No. 87-17 Date Issued: August 18, 1987 Requested by: Vern Fahy Secretary and State Engineer North Dakota State Water Commission --QUESTIONS PRESENTED-- I. Whether the term "public roadway" in findings made by the Technical Committee set up by North Dakota and Minnesota to implement their Red River Dike Agreement means whatever the two states agree that it means. II. Whether the State Engineer may reopen a quasi-judicial administrative hearing to apply

N.D.A.G. Letter to Luptak (Aug. 17, 1987) August 17, 1987 Mr. James Luptak Director Energy Development Impact Office State Capitol Bismarck, ND 58505 Dear Mr. Luptak: Thank you for your letter of July 8, 1987, relating to the Energy Development Impact Office's grant to the city of Belfield to be used to facilitate the settlement of that city's debt. In your letter, you indicate that the city has requested that the Energy Development Impact Office allow the grant to be used to pay off the city's share of special assessments and that the remaining funds be applied to paying off the bonds

N.D.A.G. Letter to Luptak (Aug. 17, 1987) August 17, 1987 Mr. James Luptak Director Energy Development Impact Office State Capitol Bismarck, ND 58505 Dear Mr. Luptak: Thank you for your letter of July 8, 1987, relating to the Energy Development Impact Office's grant to the city of Belfield to be used to facilitate the settlement of that city's debt. In your letter, you indicate that the city has requested that the Energy Development Impact Office allow the grant to be used to pay off the city's share of special assessments and that the remaining funds be applied to paying off the bonds

N.D.A.G. Letter to Jones (Aug. 17, 1987) August 17, 1987 Honorable Kent Jones Commissioner Department of Agriculture State Capitol Bismarck, ND 58505 Dear Commissioner Jones: Thank you for your letter of July 17, 1987, concerning provisions of House Bill No. 1584 as codified in N.D.C.C. ch. 6-09.11. Financial assistance in the form of loans can be made by financial institutions to a farmer pursuant to the provisions of N.D.C.C. ch. 6-09.11. A farmer is defined by N.D.C.C. § 6-09.11-01(3) as follows: 6-09.11-01. DEFINITIONS. In this chapter, unless the context or subject matter otherw

N.D.A.G. Letter to Ficek (Aug. 17, 1987) August 17, 1987 Mr. Vince H. Ficek Dickinson City Attorney 41 First Avenue West P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your letter of July 21, 1987, in which you request my opinion on several questions regarding the municipal employees' pension plan and the policemen's pension plan. Your first question inquires as to the restrictions, if any, limiting the board of trustees' investments in the municipal pension plan. N.D.C.C. § 40-46-08 establishes the investment parameters for the board of truste

N.D.A.G. Letter to Ficek (Aug. 17, 1987) August 17, 1987 Mr. Vince H. Ficek Dickinson City Attorney 41 First Avenue West P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your letter of July 28, 1987, concerning the levy for municipal band. According to your letter, the city of Dickinson has obtained the needed authority to levy for a municipal band in about 1934. Since that time, the levy has been made sporadically. The last instance such a levy occurred was in 1966-1967. Although your letter doesn't specifically state that authorization for the initial

N.D.A.G. Letter to Diemert (Aug. 17, 1987) August 17, 1987 Mr. Daniel G. Diemert Diemert Law Office 59 First Avenue South P.O. Box 39 Ellendale, ND 58436-0039 Dear Mr. Diemert: Thank you for your letter of August 11, 1987, inquiring as to the ability of a mayor to veto the selection of an alderman to fill a vacancy on the city council. North Dakota law as found at N.D.C.C. § 40-08-08 states that vacancies occurring in the office of alderman shall be filled either by a special city election or by appointment by the city council. There is no provision for a veto by the mayor or anyone e

Office of the Attorney General State of North Dakota Opinion No. 87-16 Date issued: August 17, 1987 Requested by: Honorable Robert E. Hanson State Treasurer --QUESTIONS PRESENTED-- I. Whether 1987 N.D.Sess.Laws ch. 9, § 5 illegally transfers $2 million from the veterans' postwar trust fund to the state's general fund in violation of N.D.C.C. § 37-14-14 which requires all interest earned on the fund be utilized in benefit of and service to veterans or their dependents. II. Whether the transfer of $2

N.D.A.G. Letter to Person (Aug. 11, 1987) August 11, 1987 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of July 16, 1987, in which you request my opinion on whether the North Dakota Public Employees Retirement System Board may borrow funds from the Bank of North Dakota or the Public Employees Retirement System to cover temporary cash flow shortages in the Uniform Group Medical Insurance Program. The authority of a North Dakota state agency to borrow money

N.D.A.G. Letter to Meier (Aug. 11, 1987) August 11, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Re: Central Dakota Diesel and Supply, Inc. Dear Mr. Meier: Thank you for your letter of July 21, 1987, regarding whether or not a corporation may file a voluntary dissolution pursuant to N.D.C.C. § 10-19.1-107 through 113 when it is unable to satisfy all of its obligations and liabilities. It is my understanding that the question was brought to your attention by attorney Charles Whitman in connection with the proposed voluntary dissolution of Central Dakota D

N.D.A.G. Letter to Ficek (Aug. 11, 1987) August 11, 1987 Mr. Vince H. Ficek Dickinson City Attorney P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your letter of June 26, 1987, wherein you ask whether a lessee of real property has sufficient interest in that property to file an application for abatement or refund under the provisions of N.D.C.C. ch. 57-23. N.D.C.C. § 57-23-05 provides, in part, that "[a]ny person having any estate, right, title, or interest in or lien upon any real property who claims that the assessment made or the tax levied against the same is e

N.D.A.G. Letter to Enget (Aug. 11, 1987) August 11, 1987 Mr. Wade G. Enget Mountrail County State's Attorney P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your letter of July 7, 1987, wherein you inquire whether a school district's interest in a tract of real property is exempt from ad valorem taxation under N.D.C.C. § 57-02-08(3). N.D.C.C. § 57-02-08(3) provides as follows: 57-02-08. PROPERTY EXEMPT FROM TAXATION. All property described in this section to the extent herein limited shall be exempt from taxation: . . . 3. All property belonging to any political subdi

N.D.A.G. Letter to Peterson (Aug. 5, 1987) August 5, 1987 Honorable James A. Peterson North Dakota House of Representatives 516 8th Street N.W. Minot, ND 58701 Dear Representative Peterson: Thank you for your letter of April 23, 1987, inquiring whether Ward County may make an excess mill levy for payment to, and in support of, the North Dakota State Fair pursuant to 1987 N.D. Sess. Laws ch. 676, 7. Furthermore, you inquire whether such levy would be one-half mill or one mill. I apologize for the delay in responding to you . The history of the North Dakota State Fair is somewhat as fo

N.D.A.G. Letter to Ficek (Aug. 4, 1987) August 4, 1987 Mr. Vince H. Ficek City Attorney Ficek Law Office 41 First Avenue West P.O. Box 866 Dickinson, ND 58601-0866 Dear Vince: Thank you for your letter of May 13, 1987, concerning whether fraternal organizations are allowed to sell beer and wine on Sunday pursuant to N.D.C.C. § 5-02-05.2. Since fraternal organizations were specifically included by Senate Bill 2380 the issue is whether they are included in the definition of eating establishments. The bill defines eating establishments as restaurants or licensed commercial establishment

N.D.A.G. Letter to LaQua (Aug. 3, 1987) August 3, 1987 Mr. Vincent A. LaQua Wells County State's Attorney P.O. Box 347 Fessenden, ND 58438 Dear Mr. LaQua: Thank you for your letter dated July 14, 1987, in which you inquire whether N.D.C.C. § 11-15-08 authorizes a sheriff to charge a fee based on the appraised value of the personal property when directed by an execution to only take it into his possession. You have stated that the sheriff of your county has received an execution to take into his possession certain real estate and personal property and deliver that property to the judgmen

N.D.A.G. Letter to Koppy (Aug. 3, 1987) August 3, 1987 Mr. Allen Koppy Morton County State's Attorney 210 Second Avenue N.W. Mandan, ND 58554 Dear Mr. Koppy: Thank you for your letter of July 1, 1987, concerning residency requirements for the purposes of voting in school board elections. In your letter, you provide information as to two instances where the residences of potential voters were called into question. You request an opinion from this office as to whether these persons may vote in a particular school district election where their voting residences are in dispute. Initially,