TEIGEN v. STATE

No. 20070134.

749 N.W.2d 505 (2008)

2008 ND 88

James TEIGEN, Deb Lundgren, Greg Svenningsen, Farmer's Educational and Co-operative Union of America, North Dakota Division, d/b/a North Dakota Farmers Union, and Dakota Resource Council, Plaintiffs and Appellants and Casey Wells, Plaintiff v. STATE of North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

Decided May 15, 2008.


Attorney(s) appearing for the Case

Sarah Vogel (argued) and Beth Baumstark (on brief), Sarah Vogel Law Firm, P.C., Bismarck, N.D., for plaintiffs and appellants.

Charles M. Carvell (argued), Assistant Attorney General and Dean J. Haas (on brief), Assistant Attorney General, Office of Attorney General, Bismarck, N.D., for defendant and appellee.


KAPSNER, Justice.

[¶ 1] James Teigen, Deb Lundgren, Greg Svenningsen, the North Dakota Farmers Union, and the Dakota Resource Council (collectively "plaintiffs") appeal from a summary judgment dismissing their declaratory judgment action. Plaintiffs challenge the constitutionality of language in N.D.C.C. §§ 4-28-07(4) and 4-28-07.1(4) requiring the North Dakota State Wheat Commission to expend at least two mills of a wheat tax for "contract[s] for activities...

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