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BURLEY v. NORTH DAKOTA DEPT. OF TRANSP.

No. 990169.

603 N.W.2d 490 (1999)

1999 ND 232

Eric BURLEY, Petitioner and Appellee, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

December 22, 1999.

Attorney(s) appearing for the Case

Robin L. Olson, Grand Forks, ND, for petitioner and appellee.

Andrew Moraghan, Assistant Attorney General, Bismarck, ND, for respondent and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] The Department of Transportation ("Department") appealed from a writ of mandamus compelling the Department to give Eric Burley an administrative hearing regarding the suspension of his driving privileges. The writ of mandamus should not have been issued as a matter of law and we reverse.

[¶ 2] On September 8, 1998, at approximately 12:53 a.m., Officer Patrick Torok of the Grand Forks Police Department arrested Eric...

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