Legal Opinion
Schwartzenberger v. McKenzie County Board of County Commissioners
North Dakota Supreme Court
Decided August 29, 2017No. 20170024PublishedCited by 4 opinions
1Opinion of the Court
" McEvers, Justice.
[¶ 1] Gary Schwartzenberger, in his official capacity as the sheriff of McKenzie County, appeals from a district court order denying his petition for a writ to prohibit the McKenzie County Board of County Commissioners from' taking disciplinary action up to and including termination against a deputy in the sheriffs office. We conclude the Board’did not-have authority to discipline a deputy in the sheriffs office, and we reverse the order denying a writ of prohibition.
I
[¶ 2] Schwartzenberger was elected sheriff of McKenzie County in November 2014. In May 2016, an employee in…
2Cases cited22 opinions
- Board of Lincoln County Comm'rs v. NielanderSupreme Court of Kansas · 2003
- Medical Arts Clinic, P.C. v. Franciscan Initiatives, Inc.North Dakota Supreme Court · 1995
- Forum Publishing Co. v. City of FargoNorth Dakota Supreme Court · 1986
- North Dakota Council of School Administrators v. SinnerNorth Dakota Supreme Court · 1990
- Werlinger v. Champion Healthcare Corp.North Dakota Supreme Court · 1999
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3Cited by4 opinions
- Interest of M.R.North Dakota Supreme Court · 2022
- Dixon v. DixonNorth Dakota Supreme Court · 2018
- Gonzalez v. StateNorth Dakota Supreme Court · 2025
- Schwartzenberger v. McKenzie County Board of County CommissionersNorth Dakota Supreme Court · 2017