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KOUBA v. HOEVEN

No. 20040138.

687 N.W.2d 491 (2004)

2004 ND 185

Albert KOUBA, Petitioner and Appellee v. John HOEVEN, North Dakota Governor, Executive Officer of all ND State Administrative Agencies and Departments, Respondent and Appellant.

Supreme Court of North Dakota.

October 12, 2004.

Attorney(s) appearing for the Case

Albert Kouba, pro se, Williston, ND, petitioner and appellee.

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

KAPSNER, Justice.

[¶ 1] John Hoeven, Governor of the State of North Dakota, appealed a judgment ordering the North Dakota Department of Transportation ("Department") to issue a replacement motor vehicle operator's license to Albert Kouba. We conclude Kouba failed to demonstrate a clear legal right to issuance of the license he sought to compel with a petition for a writ of mandamus, and we reverse.

[¶ 2] Kouba's July 24, 1998, operator's license...

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