City of Bismarck v. Hoopman

ERICKSTAD, Chief Justice.

In this appeal we are asked to determine whether or not the City of Bismarck (City) may appeal to county court from a municipal court’s memorandum decision dismissing the City’s complaint against Wesley Hoopman. Hoopman was arrested for being in actual physical control of a vehicle while under the influence of alcohol in violation of Bismarck City Ordinance 12-10-01.

The City appealed from the dismissal of the complaint against Hoopman to Burleigh County Court. The Burleigh County Court dismissed the City’s appeal after concluding the City had no authority to appeal…