State v. Vondal
2011 ND 186
| N.D. | 2011Background
- Consolidation of Berthold, North Shore, and Plaza districts formed Lewis and Clark SD in 2003.
- In 2009 the District voted to close the Ryder elementary school.
- Brandvold filed Feb 2010 for declaratory/injunctive relief alleging pre-election fraud and seeking invalidation/reinstatement of predecessor districts.
- District moved for judgment on the pleadings under ND.R.Civ.P. 12(b)(6) and won dismissing the petition.
- Brandvold appealed only the declaratory relief dismissal; injunctive relief dismissal not challenged on appeal.
- Court held the declaratory action moot and properly dismissed for failure to state a claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether declaratory relief can challenge election results based on pre-election irregularities | Brandvold asserts fraud/irregularities render election void | District argues mootness post-election; no justiciable controversy | Moot; no justiciable controversy |
| Whether the petition states a justiciable declaratory judgment claim | Petition seeks invalidation and possible revote | No live controversy; election already completed | Dismissed for failure to state a claim |
| Whether declaratory relief is appropriate to challenge a completed school district reorganization | Uniform Declaratory Judgments Act supports challenging election results | Relief premature or inappropriate after long-delayed election | Not appropriate; moot and improper |
| Whether the court should consider mootness as a threshold to declaratory relief seek | Requests relief based on pre-election conduct | Election completed; mootness applies | upheld |
| Whether other grounds warrant affirmance of dismissal | There is a substantial record of alleged fraud | No viable claim; no error in dismissal | Affirmed on all grounds |
Key Cases Cited
- Ramsey Cnty. Farm Bureau v. Ramsey Cnty., 2008 ND 175 (ND 2008) (necessity of justiciable controversy; declaratory relief discouraged when moot)
- Gresh v. Balink, 148 P.3d 419 (Colo. App. 2006) (election-related challenges mooted after election)
- W-470 Concerned Citizens v. W-470 Highway Auth., 809 P.2d 1041 (Colo. App. 1990) (pre-election materials challenges moot after election)
- Blodgett v. School Admin. Dist. # 73, 289 A.2d 407 (Me. 1972) (declaratory challenge to dissolution mooted by time)
- Clark v. City of Trenton, 591 S.W.2d 257 (Mo. Ct. App. 1979) (finality of elections; avoid revote long after)
- Doria v. University of Vermont, 589 A.2d 317 (Vt. 1991) (declaratory relief not appropriate for pre-election polling issues)
- Vandall v. Trinity Hospitals., 676 N.W.2d 88 (ND 2004) ([citation used to discuss standard of review])