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CITY OF FARGO v. STATE

No. 20240125.

14 N.W.3d 902 (2024)

2024 ND 236

CITY OF FARGO, Plaintiff and Appellant v. STATE of North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

Filed December 19, 2024.

Attorney(s) appearing for the Case

Peter W. Zuger, Fargo, ND, for plaintiff and appellant.

Courtney R. Titus, Assistant Attorney General, Bismarck, ND, for defendant and appellee.

Stephanie D. Engebretson, Bismarck, ND, for amicus curiae North Dakota League of Cities.

[¶1] The City of Fargo appeals from a judgment entered after the district court granted the State summary judgment and dismissed Fargo's complaint for declaratory relief. We conclude N.D.C.C. §§ 40-05.1-06 and 62.1-01-03, as amended in 2023, are constitutional and expressly preempt and render void Fargo Municipal Code...

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