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· 4/28/2022

Sauvageau v. Bailey

Citations

  • 973 N.W.2d 207
  • 2022 ND 86

Syllabus

This Court exercises its supervisory authority rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists. Quick take eminent domain offers a property owner less protection because the condemnor can take possession of the property before trial on the amount of just compensation due. A water resource district may acquire an easement for a right of way for flood control projects by quick take eminent domain.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • ongoing criminal activity cured staleness of warrant issued four days after last controlled buy from defendant and two days after defendant conducted \street-level 6 drug transactions\
  • \pattern of repeated activity giving rise to a reasonable inference that a dealer's residence is being used as the base for his drug operation provides sufficient nexus to search the residence\ [citation omitted]
  • nexus established where police observed the defendant leave his residence twice prior to delivering drugs and return three times even though there was no evidence of the transactions taking place at the defendant's home

Source: CourtListener parenthetical corpus (CC0).

Judges: Crothers, Daniel John

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.