Rothe v. S-N-Go Stores, Inc.

VANDE WALLE, Justice.

This is an appeal by the Cass County State’s Attorney from a judgment of the District Court of Cass County, dated February 9, 1981, denying the State’s Attorney’s request for a permanent injunction under the Sunday Closing Law, Chapter 12.1-30, N.D.C.C., to restrain S-N-Go Stores, Inc. (S-N-Go), from operating its grocery stores on Sundays. We reverse and remand.

The State’s Attorney and S-N-Go filed a stipulation of facts with the district court; those facts relevant to this appeal are as follows: S-N-Go is a North Dakota corporation which owns nine grocery stores in Cass…