STATE v. NICKEL

Nos. 20100410, 20100412.

806 N.W.2d 155 (2011)

2011 ND 200

STATE of North Dakota, Plaintiff and Appellant v. William Joseph NICKEL, Defendant and Appellee.

Supreme Court of North Dakota.

October 18, 2011.


Attorney(s) appearing for the Case

Julie Ann Lawyer , Assistant Attorney General, U.S. Attorney's Office, Bismarck, N.D., for plaintiff and appellant.

Garrett David Ludwig , Mandan, N.D., for defendant and appellee.


CROTHERS, Justice.

[¶ 1] The State appeals from three orders dismissing several controlled substance-related charges against William Joseph Nickel. We conclude the district court's finding the North Dakota Board of Pharmacy ("Board") did not substantially comply with the requirement under N.D.C.C. § 28-32-03(5) (2009) that it "take appropriate measures to make interim final rules known to every person who may be affected by them" is not clearly erroneous...

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