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CITY OF HARVEY v. FETTIG

No. 20000185.

621 N.W.2d 324 (2001)

2001 ND 12

The CITY OF HARVEY, Plaintiff and Appellant, v. Kyle FETTIG, Defendant and Appellee.

Supreme Court of North Dakota.

January 30, 2001.

Attorney(s) appearing for the Case

Kathleen K. Trosen, City Attorney, Harvey, ND, for plaintiff and appellant.

Michael S. McIntee, McIntee Law Firm, Towner, ND, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] The City of Harvey has appealed from an order granting, in part, Kyle Fettig's motion to suppress evidence. We dismiss the appeal because the City's notice of appeal was not accompanied by a statement of the prosecuting attorney as required by N.D.C.C. § 29-28-07(5).

[¶ 2] In the early morning hours of November 5, 1999, Harvey police officer Marc Balfour noticed a pickup driving without lights. He activated his overhead...

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