Sandahl v. City Council of Larimore, 20150364.
Court | United States State Supreme Court of North Dakota |
Writing for the Court | KAPSNER, Justice. |
Citation | 882 N.W.2d 721 |
Parties | Lonny C. SANDAHL and Lilian K. Sandahl, Appellants, v. CITY COUNCIL OF CITY OF LARIMORE, Appellee. |
Docket Number | No. 20150364.,20150364. |
Decision Date | 20 July 2016 |
882 N.W.2d 721
Lonny C. SANDAHL and Lilian K. Sandahl, Appellants,
v.
CITY COUNCIL OF CITY OF LARIMORE, Appellee.
No. 20150364.
Supreme Court of North Dakota.
July 20, 2016.
Erik A. Escarraman, Grand Forks, N.D., for appellants.
Joseph E. Quinn (argued), Assistant City Attorney, and Daniel L. Gaustad (on brief), City Attorney, Grand Forks, N.D., for appellee.
KAPSNER, Justice.
I
[¶ 2] In September 2014, Larimore served the Sandahls with a notice of a public nuisance and order to repair or demolish buildings on three parcels of their property in Larimore, including a building at 107 Pate Avenue. The Sandahls appeared at a public hearing before the Larimore City Council on March 2, 2015, to contest the designation of the building as a public nuisance. At that meeting, the Larimore City Council determined the building was unsafe and dangerous and ordered demolition of the building. On March 3, 2015, Larimore issued a written decision stating the building was an unsafe and dangerous dwelling and deemed an excessive burden to rehabilitate. Larimore's written decision ordered the Sandahls to demolish the building within thirty days. On March 5, 2015, Larimore issued a notice of findings of fact and order for demolition, and the documents were served on the Sandahls on March 12, 2015, by the sheriff of Grand Forks County.
[882 N.W.2d 722
[¶ 3] On April 13, 2015, the Sandahls filed with the district court a self-represented notice of appeal under N.D.C.C. § 28–34–01, and through counsel, subsequently moved to submit additional evidence under N.D.C.C. § 28–34–01(3). The court denied the Sandahls' motion to submit additional evidence and affirmed Larimore's decision ordering demolition of the building.
II
[¶ 4] Although not raised by Larimore and not examined by the district court, we initially consider a jurisdictional issue involving the timeliness of the Sandahls' appeal to the district court under N.D.C.C. § 28–34–01. An appeal from an administrative decision to a district court invokes that court's appellate jurisdiction, not its original jurisdiction. See Lende v. North Dakota Workers' Comp. Bureau, 1997 ND 178, ¶ 10, 568 N.W.2d 755....
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