AGO 85-15.

• Court: North Dakota

North Dakota Attorney General Opinions 1985. AGO 85-15. Office of the Attorney General State of North Dakota Opinion No. 85-15Date Issued: April 30, 1985Requested by; Howard D. Swanson Assistant City Attorney City of Grand Forks--QUESTION PRESENTED-- Whether cities, including home rule cities, may authorize a lottery or other games of chance within the city limits. --ATTORNEY GENERAL'S OPINION-- It is my opinion that cities, including home rule cities, may not authorize a lottery or other games of chance to be conducted within the city limits except as provided in N.D.C.C. Ch. 53-06.1. --ANALYSIS-- Article VII of the North Dakota Constitution provides for the establishment of political subdivisions within this state. Article VII, § 2, provides as follows:

SECTION 2. The legislative assembly shall provide by law for the establishment and the government of all political subdivisions. Each political subdivision shall have and exercise such powers as provided by law.

Prior to the creation of this new article to our constitution, the former constitutional provisions contained similar language providing for the establishment of political subdivisions by the legislative assembly. In interpreting that constitutional provision, our supreme court has made it clear that cities enjoy only those powers expressly conferred upon them by the legislature or such powers as necessarily may be implied from the power expressly granted. Murphy v. City of Bismarck, 109 N.W.2d 635 (N.D. 1961). A municipal corporation is an agency of the state. It is purely a creature of statute. . . . It takes its powers from the statutes which give it life, and has none which are not either expressly or impliedly conferred thereby or essential to effectuate the purposes of its creation. In defining its powers, the rule of strict construction applies, and any doubt as to their existence or extent must be resolved against the corporation. Lang v. City of Cavalier, 228 N.W. 819, 822 (N.D. 1930). With respect to the subject of lotteries and other forms of games of chance, a review of N.D.C.C. Chs. 40-05 and 40-05.1 fails to discover any express legislative authority provided to cities or home rule cities to engage in or regulate such forms of gaming. Indeed, a review of the North Dakota Constitution finds a prohibition against lotteries and other games of chance...