City of Minot v. Rudolph

2 Citing cases

  1. City of Fargo v. State

    2024 N.D. 236 (N.D. 2024)   Cited 1 times

    [¶16] The legislature provided for home rule cities by enacting N.D.C.C. ch. 4005.1. Under N.D.C.C. § 40-05.1-05, a validly enacted home rule "charter and the ordinances made pursuant to the charter in such matters supersede within the territorial limits and other jurisdiction of the city any law of the state in conflict with the charter and ordinances and must be liberally construed for such purposes." Section 40-05.1-05 therefore authorizes home rule cities to enact ordinances that conflict with and supersede state laws. Klug v. City of Minot, 2011 ND 67, ¶ 8, 795 N.W.2d 906; City of Minot v. Rudolph, 2008 ND 231, ¶ 5, 758 N.W.2d 731. However, a home rule city does not have unlimited authority to enact conflicting or superseding ordinances under section 40-05.1-05. [¶17] As this Court explained, "a home rule city's power to enact ordinances that supersede state law is not without limitation, because a home rule city's powers must be based upon statutory provisions."

  2. Klug v. City of Minot

    2011 N.D. 67 (N.D. 2011)   Cited 1 times

    1-05, N.D.C.C., authorizes home rule cities to enact ordinances that conflict with and supersede state laws. City of Minot v. Rudolph, 2008 ND 231, ¶ 5, 758 N.W.2d 731. "A validly enacted home rule `charter and the ordinances made pursuant to the charter in such matters supersede within the territorial limits and other jurisdiction of the city any law of the state in conflict with the charter and ordinances and must be liberally construed for such purposes.'" Sauby v. City of Fargo, 2008 ND 60, ¶ 5, 747 N.W.2d 65 (quoting N.D.C.C. § 40-05.1-05).