Posted 2/07/17 (Tue)
By Jack Dura
Farmer Staff Writer
Suspended McKenzie County Sheriff Gary Schwartzenberger is appealing a judge’s order from last fall over the authority of his office.
Filed last month with the North Dakota Supreme Court, Schwartzenberger’s appeal seeks to overturn Judge David Reich’s Nov. 18 ruling on the sheriff’s petition for a writ of prohibition against McKenzie County commissioners.
Schwartzenberger alleged their “unlawful interference” and exceeding their jurisdiction in moving to discipline then-Lt. Michael Schmitz and requesting then-Acting State’s Attorney Todd Schwarz to petition the governor for the sheriff’s removal.
Reich denied the writ, writing that commissioners did not exceed their jurisdiction.
A writ of prohibition, Reich wrote, is to be used sparingly “and only in cases where there is no adequate remedy by appeal or otherwise ...”
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