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ADAMS COUNTY RECORD v. GNDA

Civ. No. 940084.

529 N.W.2d 830 (1995)

ADAMS COUNTY RECORD, Ashley Tribune, Walsh County Record, Walsh County Press, and Jennifer Ring, Plaintiffs and Appellants, v. GREATER NORTH DAKOTA ASSOCIATION, North Dakota Chamber of Commerce, (GNDA), Defendants and Appellees.

Supreme Court of North Dakota.

March 16, 1995.

Attorney(s) appearing for the Case

Thomas A. Dickson, P.C., Bismarck, for plaintiffs and appellants; argued by Sharon A. Gallagher.

Dorsey & Whitney, Fargo, argued by Nicholas J. Spaeth, and Kelsch, Kelsch, Ruff & Austin, Mandan, for defendants and appellees; appearances by Thomas D. Kelsch, and Dale Anderson, President of Greater North Dakota Ass'n.

Thomas M. Disselhorst, Bismarck, Common Cause of North Dakota, amicus curiae, submitted on brief.

SANDSTROM, Justice.

This appeal questions if North Dakota's open records law, Art. XI, § 6, N.D. Const., and N.D.C.C. § 44-04-18, applies to the Greater North Dakota Association (GNDA), a private, nonprofit corporation. The trial court granted summary judgment denying an application for mandamus, because GNDA was not a public or governmental organization.

We reverse and remand for trial, holding there are genuine issues of material fact as to whether...

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