North Dakota Fair Housing Council, Inc. v. Peterson

[¶ 53] Because the district court’s award of summary judgment against the Kippens presumes, without adequate evidence, their conduct violated N.D.C.C. § 12.1-20-10, on the basis of their admission of intent to live together while unmarried, and because the district court erred under N.D.R.Civ.P. 12 and 17 in dismissing the Housing Council for lack of standing and as not a real party in interest, I respectfully dissent.

I

[¶ 54] The legislative history clearly evinces an intent that N.D.C.C. § 12.1-20-10, prohibiting unlawful cohabitation, should not be repealed, notwithstanding its potential…