City of Grafton v. Four G's, Inc.

252 N.W.2d 879 (1977)

CITY OF GRAFTON, North Dakota, Plaintiff,

v.

FOUR G'S, INC., Defendant.

Civ. No. 9294.

Supreme Court of North Dakota.

April 25, 1977.

DePuy, O'Connor & Goulet, Ltd., Grafton, for plaintiff; argued by W. R. Goulet, Jr., Grafton.

Robert A. Alphson, Grand Forks, for defendant.

ERICKSTAD, Chief Justice.

We are asked by the county court of increased jurisdiction of Walsh County to resolve the single question of law certified to this court under the provisions of Chapter 32-24, N.D.C.C.:

"1. Is Ordinance No. 339 of the City of Grafton preempted by the North Dakota Obscenity Control…