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State v. Clark

3 Citing cases

  1. Nw. Landowners Ass'n v. State

    2022 N.D. 150 (N.D. 2022)   Cited 6 times   1 Legal Analyses

    "[W]hen legislation that is enacted to repeal, amend or otherwise modify an existing statute, is declared unconstitutional, it is a nullity and . . . the extant statute remains operative without regard to the unsuccessful and invalid legislation." State v. Clark, 367 N.W.2d 168, 169 (N.D. 1985).

  2. Olson v. N.D. Dept. of Transp. Director

    523 N.W.2d 258 (N.D. 1994)   Cited 12 times
    In Olson v. N.D. Dep't of Transp. Dir., 523 N.W.2d 258 (N.D. 1994), we held that a juvenile has a limited statutory right of parental involvement in deciding whether to submit to chemical testing.

    Ryan, 520 N.W.2d 39, 45 (N.D. 1994); State v. Pippen, 496 N.W.2d 50 (N.D. 1993). We presume that the legislature knows the law and is aware of previously enacted statutes, State v. Clark, 367 N.W.2d 168 (N.D. 1985), and thus we attempt to harmonize conflicts among them. BASF Corporation v. Symington, 512 N.W.2d 692 (N.D. 1994).

  3. State of Minn. ex rel. Hove v. Doese

    501 N.W.2d 366 (S.D. 1993)   Cited 27 times
    In Hove, the Legislature deleted a phrase from the earlier statute which the majority held removed any intention for retroactive effect.

    Unconstitutional legislation is void and is to be treated as if it never existed. State v. Clark, 367 N.W.2d 168 (N.D. 1985). An unconstitutional statute is just as inoperative as if it had never been enacted.