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EMPOWER THE TAXPAYER v. FONG

No. 20120191.

817 N.W.2d 381 (2012)

2012 ND 119

EMPOWER THE TAXPAYER, on behalf of itself and the 28,000 + North Dakotans who signed the Petition, Charlene Nelson, and Robert Hale, Plaintiffs and Appellants, v. State Tax Commissioner Cory FONG, Senator Dwight Cook, Senator David Oehlke, Representative Charles Damschen, Representative Lonnie Winrich, Divide County Commissioner Doug Graupe, Cass County Commissioner Scott Wagner, Wahpeton Finance Director Darcie Huwe, Williams County Auditor Beth Innis, North Dakota Association of Counties, North Dakota Association of County Commissioners, North Dakota League of Cities, North Dakota Weed Control Association, North Dakota School Board Association, Defendants. State Tax Commissioner Cory Fong, Senator Dwight Cook, Senator David Oehlke, Representative Charles Damschen, Representative Lonnie Winrich, Divide County Commissioner Doug Graupe, Cass County Commissioner Scott Wagner, Wahpeton Finance Director Darcie Huwe, Williams County Auditor Beth Innis, North Dakota Association of Counties, North Dakota League of Cities, North Dakota School Board Association, Appellees.

Supreme Court of North Dakota.

June 7, 2012.

Attorney(s) appearing for the Case

Lynn M. Boughey , Bismarck, N.D., for plaintiffs and appellants.

Kirsten R. Franzen , Assistant Attorney General, North Dakota Office of Attorney General, Bismarck, N.D., for defendants and appellees State Tax Commissioner Cory Fong, Senator Dwight Cook, Senator David Oehlke, Representative Charles Damschen, and Representative Lonnie Winrich.

Randall J. Bakke (argued) and Shawn A. Grinolds (appeared), Bismarck, N.D., for defendants and appellees Divide County Commissioner Doug Graupe, Cass County Commissioner Scott Wagner, Wahpeton Finance Director Darcie Huwe, Williams County Auditor Beth Innis, North Dakota Association of Counties, North Dakota League of Cities, and North Dakota School Board Association.

MARING, Justice.

[¶ 1] Empower the Taxpayer, Charlene Nelson, and Robert Hale (collectively "Empower") appeal from an order dismissing their request for injunctive relief against numerous state and local government officials and other entities. We affirm, because Empower has failed to establish that there is a private right of action to enforce the provisions of the North Dakota Corrupt Practices Act, N.D.C.C. ch. 16.1-10.

I

[¶ 2] Empower...

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