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CITY OF FARGO v. MALME

No. 20070043.

737 N.W.2d 390 (2007)

2007 ND 137

CITY OF FARGO, Plaintiff and Appellee, v. Mitch MALME and Mitch Malme Investments, L.L.C., a North Dakota Limited Liability Company, Defendants and Appellants.

Supreme Court of North Dakota.

August 22, 2007.

Attorney(s) appearing for the Case

Patricia Ann Roscoe, Assistant City Attorney, Fargo, N.D., for plaintiff and appellee.

Jonathan T. Garaas, Garaas Law Firm, Fargo, N.D., for defendants and appellants.

CROTHERS, Justice.

[¶ 1] Mitch Malme and Mitch Malme Investments, L.L.C., appeal from a judgment affirming the Fargo Administrative Enforcement Board's imposition of a fine for violation of municipal ordinances relating to use of property. Because the administrative enforcement board is not a tribunal authorized by state law, we reverse the judgment.

I

[¶ 2] In 2005, the Fargo Board of City Commissioners adopted Article 1-04 of the Fargo...

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