Robot Aided Manufacturing, Inc. v. Moore

1999 ND 14, 589 N.W.2d 187, 1999 N.D. LEXIS 2, 1999 WL 62206
CourtNorth Dakota Supreme Court
DecidedJanuary 27, 1999
DocketCivil 980267
StatusPublished
Cited by9 cases

This text of 1999 ND 14 (Robot Aided Manufacturing, Inc. v. Moore) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robot Aided Manufacturing, Inc. v. Moore, 1999 ND 14, 589 N.W.2d 187, 1999 N.D. LEXIS 2, 1999 WL 62206 (N.D. 1999).

Opinion

KAPSNER, Justice.

[¶ 1] The Department of Transportation (the Department) appeals from a judgment granting a writ of mandamus ordering the Department to open reports of traffic offense convictions, admissions, and adjudications for inspection and copying by Robot Aided Manufacturing, Incorporated, doing business as Explore Information Services (Explore). We conclude the trial court did not abuse its discretion in issuing the writ of mandamus. We therefore affirm the judgment of the trial court.

[¶ 2] Explore is an insurance support organization with its principal place of business in Red Wing, Minnesota. In a December 1996 *189 letter to the Department of Transportation, Explore proposed to pay a negotiated fee to enable the Department to create a computer citation file which would accumulate traffic citations reported to the Department each month. Explore requested that each month the Department send to Explore, in an electronic format, the driver’s “license number, the date of conviction, and violation description for each violation occurring within the past 30 days.”

[¶ 3] In the alternative, Explore requested the Department send. Explore a list each month of drivers’ license numbers and names of all persons cited for a traffic violation during the previous month. Explore offered to pay a fee for each name included in the list. Explore informed the Department it was not requesting certified abstracts governed by N.D.C.C. § 39-16-03. Explore noted, however, that it may, based upon information received from either of these methods, later request abstracts, of the operating record of specifically identified drivers.

[¶ 4] In February 1997, the Department responded, concluding the request should be treated as a request for a certified abstract of a driver’s operating record under N.D.C.C. § 39-16-03. The Department indicated complying with the request would require a fee of three dollars and notification to each driver whose name appeared in the information provided.

[¶ 5] In March 1997, Explore sent the Department a detailed request:

Explore requests that the Department of Transportation make copies of every report of a conviction or traffic offense or admission or adjudication of a traffic violation which the Department has received during the month of February 1997. Please let me know the amount of the reasonable fee for copies or how it will be calculated....
This request includes copies of any paper reports of convictions of a traffic offense, or admission of an adjudication of a traffic violation as well as copies of any electronic reports of a conviction of a traffic offense or admission of adjudication of a traffic violation received by the Department in February 1997.
Explore is not requesting a certified abstract of the operating record pursuant to N.D.C.C. § 39-16-03.

Explore’s letter indicated this was a “continuing request” for each month’s records to be provided to Explore on or about the 16th day of the following month. The Department denied the request.

[¶ 6] In September 1997, Explore filed a petition for a writ of mandamus requesting the trial court:

order DOT to open for inspection the records sought in report of a conviction or a traffic offense or admission or adjudication of a traffic violation which DOT has received during the month of February 1997 and for each month thereafter, and further to permit Explore to copy such records.

The Department initially contended the documents sought by Explore were not open records.

[¶ 7] In March 1998, Explore moved for summary judgment arguing the conviction and violation reports were open records and N.D.C.C. § 39-16-03 did not provide a specific exception' to the “reasonable fee” requirement of N.D.C.C. § 44-64-18(2). The Department asserted the trial court should grant summary judgment in its favor because Explore was “attempting to piece together records virtually identical to abstracts for every licensed operator in the state.” The Department argued Explore’s request was subject to the three dollar fee requirement for abstracts under N.D.C.C. § 39-16-03.

[¶ 8] In April 1998, the Department moved for leave to file an amended answer. The amended answer eliminated the Department’s assertion the documents sought by Explore were not open records. The Department contended the only remaining issue was whether N.D.C.C. § 39-16-03 was an exception to the “reasonable fee” requirement of N.D.C.C. § 44-04-18(2).

[¶ 9] In July 1998, the trial court issued its order granting Explore’s petition for a writ of mandamus. Although Explore’s request for monthly copies of the records was intended to be continuous, the trial court decided Explore must periodically submit written re *190 quests for the documents sought. The court ordered:

1. That the [Department] shall open for [Explore’s] inspection, and furnish [Explore] with copies of, the reports of convictions of traffic offenses, and admissions or adjudications of traffic violations, excluding those to which zero, one, and two points are assigned, for the period from February of 1997 to the present.
2. That the [Department] shall open for [Explore’s] inspection, and furnish [Explore] with copies of, the reports of convictions and traffic offenses, and admissions or adjudications of traffic violations, excluding those to which zero, one, arid two points are assigned, that are received by [the Department] in the future upon receiving periodic, written requests from [Explore] for the same.
8. That [the Department] shall set the fee, manner of payment, and procedures for implementing an orderly distribution of the records.

[¶ 10] On appeal the Department argues the trial court erred in issuing the writ of mandamus and erred by not granting summary judgment in its favor. North Dakota Century Code § 32-34-01 governs the issuance of a writ of mandamus:

The writ of mandamus may be issued by the supreme and district courts to any inferior tribunal, corporation, board, or person to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use' and enjoyment of a right or office to which the party is entitled arid from which the party is precluded unlawfully by such inferior tribunal, corporation, board, or person.

“A party seeking a writ of mandamus bears the burden of demonstrating a clear legal right to the performance of the particular acts sought to be compelled by the writ.” Kmbseth v. Moore, Director, North Dakota Dep’t of Transp., 1997 ND 224, ¶ 6, 571 N.W.2d 146. The petitioner must demonstrate a clear and complete legal right to the performance of particular acts sought to be compelled. Id. Issuance of the writ is left to the sound discretion of the trial court; this court will not reverse the trial court’s issuance of a writ unless it should not have been issued as a matter of law, or the trial court abused its discretion. Id. “The trial court abuses its discretion when it acts in an arbitrary, unreasonable, or unconscionable manner.”

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Bluebook (online)
1999 ND 14, 589 N.W.2d 187, 1999 N.D. LEXIS 2, 1999 WL 62206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robot-aided-manufacturing-inc-v-moore-nd-1999.