Northern X-Ray Co., Inc. v. State by and Through Hanson

I concur in the result and much of the language of the majority opinion. I write separately to note that in applying section 1-01-09, NDCC, [statutory definition of word applies to same word used in subsequent statutes] we have found a “contrary intention plainly appears” when the intent of the Legislature in enacting a statute is clear. For example, in Ames v. Rose Tp. Bd. of Tp. Super’rs, 502 N.W.2d 845 (N.D.1993), we held that the definitions of “motor vehicle” and “vehicle” in section 39-01-01, NDCC, did not control the definition of the same words in section 24-10-02, NDCC. We observed…