Brandvold v. Lewis & Clark Public School District 161
803 N.W.2d 827
N.D.2011Background
- Three districts merged in 2003 to form the Lewis and Clark Public School District, after votes approving the consolidation.
- In 2009 the Lewis and Clark District closed the Ryder elementary school.
- In February 2010 Brandvold filed suit seeking declaratory and injunctive relief alleging pre-election fraud in the 2003 reorganization, specifically undisclosed lease-purchase debts by Berthold District.
- The District moved for judgment on the pleadings under Rule 12(b)(6), and the district court dismissed the petition; Brandvold challenged only the declaratory relief, not the injunction.
- The court held that declaratory judgments require a justiciable controversy and may be moot if the election has concluded, and that pre-election irregularities tied to a specific election may be moot after completion.
- Brandvold’s request to invalidate the 2003 election and potentially reorder districts was deemed impractical and untimely, given the long-past election and the functioning district since 2003.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brandvold's declaratory claim is ripe or moot. | Brandvold argues pre-election fraud tainted the election. | District argues the election is complete, thus moot with no justiciable controversy. | Moot; no justiciable controversy. |
| Whether the petition states a declaratory judgment claim proper under the Uniform Act. | Brandvold seeks a declaratory determination invalidating the election and potential revote. | Election finality and lack of ongoing dispute preclude declaratory relief. | Not proper; not stateable as a live claim. |
Key Cases Cited
- Vandall v. Trinity Hosps., 676 N.W.2d 88 (2004 ND 47) (de novo review of 12(b)(6) dismissal; standard of review for declaratory actions)
- Bala v. State, 787 N.W.2d 761 (2010 ND 164) (standard for reviewing 12(b)(6) dismissals; light most favorable to plaintiff)
- Riverwood Commercial Park, L.L.C. v. Standard Oil Co., 729 N.W.2d 101 (2007 ND 36) (de novo review and 12(b)(6) framework)
- Ramsey Cnty. Farm Bureau v. Ramsey Cnty., 755 N.W.2d 920 (2008 ND 175) (justiciable controversy prerequisite for declaratory judgments)
- Gosbee v. Bendish, 512 N.W.2d 450 (ND 1994) (avoidance of moot or advisory opinions in declaratory actions)