MKB Management Corp. v. Burdick

CROTHERS, Justice.

[¶ 157] On the merits, I concur in the result reached by Justice Kapsner. I respectfully disagree with the result reached by Chief Justice VandeWalle. I respectfully disagree with both of my colleagues that this case should be decided under the North Dakota Constitution because the federal constitutional interpretations which we must follow make analysis under our constitution unnecessary and doctrinally improper.

[¶ 158] I also respectfully disagree with Justice Sandstrom’s suggestion that the challenge before this Court can be decided only under the North Dakota…