Hanson v. Williams County

ERICKSTAD, Chief Justice,

respectfully dissenting.

I agree basically with Justice Gierke’s analysis of this case up to his analysis of the equal protection argument, except that I would broaden the background surrounding the adoption of Section 28-01.1-02, N.D.C.C., and because I would affirm the trial court on all issues, I would begin the discussion of the issues with the open courts issue. I would, for purposes of emphasis, also figuratively elevate Justice Gierke’s footnote 7 to the body of my opinion, for it is partly upon the decisions cited therein that I rely for my view to affirm the…