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GARRISON MEMORIAL HOSP. v. RAYER

Civ. No. 890286.

453 N.W.2d 787 (1990)

GARRISON MEMORIAL HOSPITAL, a North Dakota nonprofit corporation, Petitioner, v. Anthony RAYER, M.D., Respondent.

Supreme Court of North Dakota.

March 27, 1990.

Attorney(s) appearing for the Case

Lawrence R. Klemin, P.C. (argued), Bismarck, for petitioner.

Ackre & Baer Chartered, Cando, and Rosenberg Law Firm, Bismarck, for respondent; argued by Larry M. Baer.

Kent M. Morrow (argued), Asst. Atty. Gen., Bismarck, for intervenor State of N.D.

ERICKSTAD, Chief Justice.

Garrison Memorial Hospital (the Hospital) appealed an order holding that the North Dakota attachment statute is unconstitutional and dissolving a writ of attachment. We ordered that the appeal be treated as a petition for exercise of our supervisory jurisdiction. We conclude that Chapter 32-08.1, N.D.C.C., is unconstitutional and deny a supervisory writ.

On October 28, 1987, Dr. Anthony L. Rayer entered into a 5-year Community Service...

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