CITY OF BISMARCK v. SCHOPPERT

Crim. No. 890283.

450 N.W.2d 757 (1990)

CITY OF BISMARCK, Plaintiff and Appellant, v. Thomas SCHOPPERT, Defendant and Appellee.

Supreme Court of North Dakota.

January 18, 1990.


Attorney(s) appearing for the Case

Paul H. Fraase, Asst. City Atty., Bismarck, for plaintiff and appellant. Submitted on brief. No appearance.

Thomas M. Tuntland, Mandan, for defendant and appellee. Submitted on brief. No appearance.


MESCHKE, Justice.

A disorderly conduct charge against Thomas Schoppert was dismissed because the ordinance supposedly superseded state law. The City of Bismarck appealed. We reverse.

For allegedly abusive and obscene conduct, Thomas Schoppert was charged with violating Bismarck City Ordinance 6-05-01(3).1 Schoppert requested a jury trial and the complaint was removed to county court. There, Schoppert moved to dismiss the complaint...

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