Legal Opinion
City of Jamestown v. Beneda
North Dakota Supreme Court
Decided November 20, 1991No. Crim. 910171-910192PublishedCited by 6 opinions
1Opinion of the Court
LEVINE, Justice.
The appellants were convicted of violating a Jamestown trespass ordinance. We hold that the application of the ordinance under the facts of this case violated the appellants’ First Amendment rights of free speech and peaceable assembly. For that reason, we reverse the convictions.
The appellants waived jury trials and submitted their cases to the trial court on stipulated facts and briefs. We refer to those facts throughout this opinion.
The City of Jamestown holds title to the Jamestown Mall, as is required by the Municipal Industrial Development Act, Chapter 40-57, N.D.C.C.,…
2Cases cited20 opinions
- Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
- Cornelius v. NAACP Legal Defense & Educational Fund, Inc.Supreme Court of the United States · 1985
- Burton v. Wilmington Parking AuthoritySupreme Court of the United States · 1961
- Frisby v. SchultzSupreme Court of the United States · 1988
- PruneYard Shopping Center v. RobinsSupreme Court of the United States · 1980
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3Cited by6 opinions
- American Civil Liberties Union v. City of Las VegasCourt of Appeals for the Ninth Circuit · 2006
- Fargo Women's Health Organization, Inc. v. Lambs of ChristNorth Dakota Supreme Court · 1992
- Bolinske v. North Dakota State Fair Ass'nNorth Dakota Supreme Court · 1994
- United Food & Commercial Workers Union v. Crystal Mall AssociatesSupreme Court of Connecticut · 2004
- Riemers v. State Ex Rel. University of North DakotaNorth Dakota Supreme Court · 2009
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