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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. Halvorson v. Starr

    785 N.W.2d 248 (N.D. 2010)   Cited 2 times

    The Legislature is presumed to know the law when enacting legislation. See State v. Clark, 367 N.W.2d 168, 170 (N.D. 1985). When the historical circumstances for additional time after service by mail are considered with the statutes superseded by N.D.R.Civ.P. 6 and the Legislature's reenactment of the mechanic's lien law after the adoption of the rules of civil procedure, we conclude the Legislature intended the provisions for additional time after service by mail under N.D.R.Civ.P. 6(e) to apply when an owner chooses to serve a written demand by registered mail under N.D.C.C. § 35-27-25.

  3. Comstock Constr. v. Sheyenne Disposal

    2002 N.D. 141 (N.D. 2002)   Cited 13 times
    Stating an owner's written demand "under N.D.C.C. § 35–27–25 will ordinarily shorten the statute of limitations for commencing and filing an action to enforce a [construction] lien"

    [¶ 28] The Legislature is presumed to know the law when enacting legislation. See State v. Clark, 367 N.W.2d 168, 170 (N.D. 1985). When the historical circumstances for additional time after service by mail are considered with the statutes superseded by N.D.R.Civ.P. 6 and the Legislature's reenactment of the mechanic's lien law after the adoption of the rules of civil procedure, we conclude the Legislature intended the provisions for additional time after service by mail under N.D.R.Civ.P. 6(e) to apply when an owner chooses to serve a written demand by registered mail under N.D.C.C. § 35-27-25.