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of personal jurisdiction did not offend traditional notions of fair play and substantial justice . The Court used the five-factor test in deciding this : ( 1 ) the nature and quality of Pine View ’ s contacts with North Dakota ; ( 2 ) the quantity of Pine View ’ s contacts with North Dakota ; ( 3 ) the relation of Nelson ’ s claim to the contacts ; ( 4 ) North Dakota ’ s interest in providing a forum for Nelson , its resident ; and ( 5 ) the convenience of the parties . While noting it was “ perhaps a close call ,” in weighing these factors , the Court concluded they weighed in favor of North Dakota ’ s exercise of personal jurisdiction over Pine View comporting with due process . The Court reversed the district court ’ s order granting Pine View ’ s motion to dismiss for lack of personal jurisdiction and remanded for further proceedings .
City of Fargo v . State , 2024 ND 236 . Filed on 12 / 19 / 24 .
The City of Fargo appealed from the district court ’ s judgment granting the state ’ s summary judgment motion and dismissing Fargo ’ s complaint for declaratory relief . In affirming the district court , the Supreme Court concluded state law related to powers of municipal government and limitations on the authority of political subdivisions regarding the sale of firearms and ammunition , specifically , N . D . C . C . §§ 40-05.1-06 and 62.1-01-03 , as amended in 2023 , were constitutional and expressly preempted and rendered void Fargo Municipal Code §§ 20-0403 ( C )( 5 )( e ) and 20-402 ( T )( 3 ), which prohibited the same .
Fargo adopted certain use regulations for residential districts , §§ 20-0403 and 20-402 , which provided the sale of firearms and / or ammunition , production of ammunition for sale or resale by home occupants , and firearms and ammunition sales by non-farm commercial use zoned districts were prohibited . In 2023 , the legislature amended N . D . C . C . § 40-05.1-06 , governing home rule powers , and N . D . C . C . § 62.1-01-03 , governing limitations on political subdivisions authority regarding firearms . In response , in Aug . 2023 , Fargo brought a declaratory judgment action requesting the court declare HB 1340 , which amended N . D . C . C . §§ 40- 05.1-06 and 62.1-01-03 , unconstitutional , or , in the alternative , did not render void the Fargo Municipal Code related to firearm and ammunition sales .
The district court ruled in favor of the state , dismissing Fargo ’ s complaint with prejudice , concluding HB 1340 and its limitations on home rule powers did not violate article VII of the North Dakota Constitution and did not infringe on any of Fargo ’ s implied powers . The court also held HB 1340 expressly preempted and voided Fargo ’ s ordinances at issue . In affirming , the Supreme Court held Fargo ’ s power to enact ordinances that supersede state law was not without limitation because a home rule city ’ s powers must be based upon statutory provisions . Cities possess only the powers and authorities granted by statute or necessarily implied from an express statutory grant . Article VII does not identify any specific powers provided to home rule cities , instead , it established the legislature ’ s constitutional role in creating and defining the powers of home rule cities . Further , the Court explained under article VII , section 6 , the legislature had the power to “ provide by law for the establishment and exercise of home rule ” in cities . As such , under Article VII , the Constitution gives the legislature the express authority to create and define the powers granted to home rule cities , including Fargo .
By enacting HB 1340 , the legislature specifically subjected Fargo ’ s powers enumerated in N . D . C . C . §§ 40-05.1-06 ( 12 ) and ( 14 ) to the limitations on the city ’ s authority relating to firearms and ammunition as provided in N . D . C . C . § 62.1-01-03 . The legislature exercised its power , in enacting § 62.1-01-03 , to limit the authority of all political subdivisions statewide , including home rule cities and counties , related to firearms and ammunitions . The Supreme Court held the legislature ’ s enactment of HB 1340 was a valid exercise of its constitutional authority to create political subdivisions and define the powers of a home rule city , and the district court did not err in concluding HB 1340 preempted and rendered void the Fargo Municipal Code provisions in question .
Call for CLE Speakers
SBAND and the North Dakota CLE Commission sponsor seminars and programs throughout the year in all sorts of formats , including live , webinars and IVNs .
We want to know about SBAND members who have ideas for topics or who are interested in being a presenter .
Contact Carrie Molander at carrie @ sband . org .
20 THE GAVEL