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STENEHJEM v. NATIONAL AUDUBON SOCIETY

No. 20130279.

844 N.W.2d 892 (2014)

2014 ND 71

Wayne STENEHJEM, Attorney General, ex rel., STATE of North Dakota, Plaintiff, Appellant and Cross-Appellee v. NATIONAL AUDUBON SOCIETY, INC., Defendant, Appellee and Cross-Appellant.

Supreme Court of North Dakota.

Rehearing Denied May 5, 2014.

Attorney(s) appearing for the Case

Matthew A. Sagsveen , Assistant Attorney General, Office of Attorney General, Bismarck, ND, for plaintiff, appellant and cross-appellee.

Sarah A. Herman (argued) and Ross A. Nilson (on brief), Fargo, ND, for defendant, appellee and cross-appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Wayne Stenehjem, as Attorney General on behalf of the State of North Dakota ("State"), appealed, and the National Audubon Society cross-appealed from a district court judgment dismissing the Attorney General's corporate farming enforcement action against Audubon and upholding the constitutionality of North Dakota's Corporate Farming Law, N.D.C.C. ch. 10-06.1. We affirm the judgment, concluding the equitable defense of laches...

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