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State v. Goodale

Supreme Court of North Dakota

February 18, 2016

State of North Dakota, Plaintiff and Appellee
v.
Patricia Goodale, Defendant and Appellant

Appeal from the District Court of Walsh County, Northeast Judicial District, the Honorable M. Richard Geiger, Judge.

Barbara L. Whelan, Assistant State's Attorney, Grafton, N.D., for plaintiff and appellee; on brief.

Patricia A. Goodale, self-represented, Lankin, N.D., defendant and appellant; on brief.

Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner, Gerald W. VandeWalle, C.J. Opinion of the Court by Sandstrom, Justice.

OPINION

Page 47

Sandstrom, Justice.

[¶1] Patricia Goodale appeals from a default judgment for abatement of a nuisance. Because we conclude no irregularities of process or procedure appear on the face of the judgment roll, we affirm.

I

[¶2] In June 2015, the State began this civil action against Goodale, contending that her home was a public nuisance. The Walsh County sheriff's office personally served Goodale with the summons and complaint. On August 5, 2015, after several weeks without receiving an answer from Goodale, the State filed with the district court an affidavit of default and proof for judgment; proposed findings of fact, conclusions of law, and order for abatement; and a proposed judgment. On August 7, 2015, the district court signed the findings and order, and a default judgment for abatement of nuisance was entered. Goodale was served notice of the judgment. Goodale did not seek relief from the default judgment in the district court under N.D.R.Civ.P. 60(b), but has instead appealed directly to this Court.

[¶3] The district court had jurisdiction under N.D. Const. art. VI, § 8, and N.D.C.C. § 27-05-06. Goodale's appeal is timely under N.D.R.App.P. 4(a). This Court has jurisdiction under N.D. Const. art. VI, § 6, and N.D.C.C. § 28-27-01.

II

[¶4] On appeal, Goodale contends the district court exceeded its jurisdiction

Page 48

by not requiring an action for abatement of nuisance be brought by the attorney general, the state health officer, the state's attorney, or a citizen of Walsh County, and by allowing the State to pursue a " private nuisance" without allegation or evidence of a special injury to a private right not common to the public. She also argues the State did not introduce sufficient evidence to prove a ...


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