City of Fargo v. Malme

CROTHERS, Justice.

[¶ 1] Mitch Malme and Mitch Malme Investments, L.L.C., appeal from a judgment affirming the Fargo Administrative Enforcement Board’s imposition of a fine for violation of municipal ordinances relating to use of property. Because the administrative enforcement board is not a tribunal authorized by state law, we reverse the judgment.

I

[¶ 2] In 2005, the Fargo Board of City Commissioners adopted Article 1-04 of the Fargo Municipal Code which created an “Administrative Enforcement Program.” The administrative enforcement program is intended to be “an alternative method that may…