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BD. OF TRUSTEES v. ND LEGISLATIVE ASSEMBLY

No. 20230158.

996 N.W.2d 873 (2023)

2023 ND 185

BOARD OF TRUSTEES OF the NORTH DAKOTA PUBLIC EMPLOYEES RETIREMENT SYSTEM, Petitioner v. NORTH DAKOTA LEGISLATIVE ASSEMBLY, Respondent.

Supreme Court of North Dakota.

Opinion on Motion for Clarification and Motion for Stay Filed October 12, 2023.

Attorney(s) appearing for the Case

Robert D. Klausner (argued), Plantation, FL, Christopher Rausch (appeared) and Elizabeth A. Elsberry (appeared), Bismarck, ND, Lindsey M. Garber (on brief) and Sean M. Sendra (on brief), Plantation, FL, Special Assistant Attorneys General, for Petitioner.

Philip J. Axt , Solicitor General, Bismarck, ND, for Respondent.

[¶1] The Board of Trustees of the North Dakota Public Employees Retirement System petitions this Court seeking declaratory relief and a writ of injunction, challenging N.D.C.C. § 54-52-03 and section 41 of S.B. 2015 (2023), enacted by the 68th Legislative Assembly, both of which provide for the appointment of sitting...

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