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EMPOWER THE TAXPAYER v. FONG

No. 20130011.

838 N.W.2d 452 (2013)

2013 ND 187

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 Divide County Commissioner Doug Graupe, Cass County Commissioner Scott Wagner, Wahpeton Finance Director Darcie Huwe, Williams County Auditor Beth Innis, Appellees.

Supreme Court of North Dakota.

October 22, 2013.

Attorney(s) appearing for the Case

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

Randall J. Bakke (argued) and Shawn A. Grinolds (on brief), Bismarck, N.D., for defendants and appellees.

MARING, Justice.

[¶ 1] Empower the Taxpayer ("Empower"), Charlene Nelson, and Robert Hale appeal from a district court order granting sanctions against them and from an order denying their motion to reconsider the award of sanctions. Because we are unable to understand the basis for the district court's ruling, we reverse and remand for further proceedings.

I

[¶ 2] North Dakota Initiated Constitutional...

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