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BIRST v. SANSTEAD

Civ. No. 920181.

493 N.W.2d 690 (1992)

Clinton BIRST and Judith Birst, Plaintiffs, Appellants and Cross-Appellees, v. Wayne SANSTEAD, in his official capacity as Superintendent of the North Dakota Department of Public Instruction, Defendant, Appellee and Cross-Appellant, and Karen Kautzmann, in her official capacity as Morton County Superintendent of Schools, Defendant.

Supreme Court of North Dakota.

December 14, 1992.

Attorney(s) appearing for the Case

Michael P. Farris (argued), Paeonian Springs, VA, and Gregory L. Lange (appearance), Richardson & Lange, Hazen, for plaintiffs, appellants, and cross-appellees Clinton Birst and Judith Birst.

JoAnn C. Toth (argued), Asst. Atty. Gen., Atty. Gen.'s Office, Bismarck, for defendant, appellee and cross-appellant Wayne Sanstead.

ERICKSTAD, Chief Justice.

Clinton Birst and Judith Birst (the Birsts) appeal from an order and declaratory judgment entered by the District Court for Morton County. The Birsts appeal from a part of the district court's decision requiring them to make their home, also used to educate their children, comply with all municipal and state health, fire, and safety laws applicable to private school buildings. Wayne Sanstead, in his official capacity as Superintendent of...

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