City of Napoleon v. Kuhn

This case stemmed from plaintiff-appellant Leona Kuhn's improper disposal of debris from her house in the Napoleon city dump in late June 2013, after her house had been severely damaged by fire. The City of Napoleon maintains an "inert waste landfill" for its residents, located about two miles southeast of the city. The landfill was subject to the North Dakota Department of Health's rules and regulations, which permits only certain types of garbage in the landfill sorted into separate piles, some of which is burned or buried under the regulations. Kuhn appealed a district court judgment entered after an appeal from a municipal court conviction finding her guilty of violating a City ordinance for improperly disposing of refuse, and a subsequent court order denying her request for a written restitution order. The Supreme Court affirmed in part, concluding sufficient evidence supported Kuhn's conviction, but reversed Kuhn's sentence and remanded for clarification. View "City of Napoleon v. Kuhn" on Justia Law