AGO 81-068.

Case DateJuly 06, 1981
CourtNorth Dakota
North Dakota Attorney General Opinions 1981. AGO 81-068. OPINION 81-68Date Issued: July 6, 1981 (AGO 81-68) Requested by: Charles D. Orvik, States Attorney for Pierce County- QUESTION PRESENTED - Whether a county can withdraw from a health district by resolution of the county commissioners.- ATTORNEY GENERAL'S OPINION - It is my opinion that a county by resolution of the board of commissioners cannot withdraw from a health district created pursuant to chapter 23-14 of the North Dakota Century Code. - ANALYSIS - Chapter 23-14 of the North Dakota Century Code provides for the creation, operation, and dissolution of health districts. There is no provision in chapter 23-14, N.D.C.C., for a county to withdraw from a health district by resolution of the county commissioners. Section 23-14-13, N.D.C.C., does provide for the dissolution of a district health unit as follows:
DISSOLUTION. After a district health unit organized as provided in this chapter has been in operation for two years, the same may be dissolved in the following manner: On a petition filed with the county auditor containing names of electors of the county equal to ten percent of the votes cast for governor at the last general election, an election on the question of dissolution shall be presented to the people at the next general or special election held
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