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SAUBY v. CITY OF FARGO

No. 20070202.

747 N.W.2d 65 (2008)

2008 ND 60

Stephanie SAUBY, individually and on behalf of those similarly situated, Plaintiff v. CITY OF FARGO, Defendant.

Supreme Court of North Dakota.

March 25, 2008.

Attorney(s) appearing for the Case

Monte L. Rogneby (argued), Timothy Q. Purdon (appeared), Mark A. Friese (appeared) and Robert B. Stock (appeared), Vogel Law Firm, Bismarck, N.D., for plaintiff.

Mike Miller (argued), City Attorney, and Stacey E. Tjon (appeared), Assistant City Attorney, Fargo, N.D., for defendant.

Jerald A. Hjelmstad (on brief), Bismarck, N.D., for amicus curiae North Dakota League of Cities.

Aaron Grayson Birst (on brief), Bismarck, N.D., for amicus curiae North Dakota Association of Counties.

SANDSTROM, Justice.

[¶ 1] Under N.D.R.App.P. 47, the United States District Court, Southeastern Division for the District of North Dakota, certified the following question of law to this Court:

May the City of Fargo, pursuant to its home rule charter, lawfully impose a fee for a violation, in the City of Fargo, of a Fargo ordinance regulating the operation or equipment of motor vehicles or regulating traffic that exceeds the limits for equivalent categories...

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