Legal Opinion

State Ex Rel. Heitkamp v. Family Life Services, Inc.

North Dakota Supreme Court

Decided September 21, 2000No. 990212, 990220, 990229, 990215, 990222, 990216, 990228PublishedCited by 23 opinions

1Opinion of the Court

SANDSTROM, Justice.

[¶ 1] Family Life Services, Inc., doing business as Family Life Credit Services (“FLS”), Help and Caring Ministries, Inc. (“HCM”), and individual directors of those nonprofit corporations appealed from a district court judgment removing Darold Larson as a director from the HCM board for a period of five years, removing all current directors from the FLS board, and reconstituting the FLS board. We hold the district court’s act of reconstituting the FLS board implicates the Establishment and Free Exercise Clauses of the First Amendment, and the court, under the circumstances,…

2Cases cited35 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. Lemon v. KurtzmanSupreme Court of the United States · 1971
  3. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  4. Agostini v. FeltonSupreme Court of the United States · 1997
  5. Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947

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3Cited by23 opinions

  1. McDowell v. GillieNorth Dakota Supreme Court · 2001
  2. Moen v. ThomasNorth Dakota Supreme Court · 2001
  3. Overboe v. Farm Credit Services of FargoNorth Dakota Supreme Court · 2001
  4. Piatz v. Austin Mutual Insurance Co.North Dakota Supreme Court · 2002
  5. Comstock Construction, Inc. v. Sheyenne Disposal, Inc.North Dakota Supreme Court · 2002

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