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A Walsh County man sued a North Dakota senator who blocked him on Facebook. Now he has to pay her $4,975.

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A Walsh County man sued a North Dakota senator who blocked him on Facebook. Now he has to pay her ,975.


BISMARCK — A Walsh County man claimed a North Dakota senator violated his First Amendment rights when she blocked him on Facebook. Now, he wants the North Dakota Supreme Court to reject an unfavorable ruling that would force him to pay nearly $5,000 in court fees to the lawmaker.

Mitchell Sanderson, of Park River, North Dakota, argued Monday, Sept. 9, that he shouldn’t have to pay the attorney and court fees to Sen. Janne Myrdal, R-Edinburg. He asked the Supreme Court to roll back Walsh County Judge Kari Agotness’ Jan. 30 ruling, which said Sanderson must pay Myrdal $4,975.

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He said Agotness abused her power and shouldn’t have ruled on the case. He also made criminal allegations against Myrdal and Agotness, which have not been brought in a criminal court.

“The crimes and abuses that took place are why we are here today and why I appealed this,” Sanderson said. “All government branches need to be held accountable to the law or we will have more criminal behavior in this country as we are seeing happen to President (Donald) Trump.”

Sanderson initially sued Myrdal in mid-2023 because she blocked him from seeing her Facebook pages. One of the pages is titled “Myrdal ND Senate” and has “all the trappings of a government page,” Sanderson argued.

He claimed that, as a public figure, Myrdal can’t block people on social media because “she does not like them or that they have different views of how the government is to operate.”

“This is a violation of the First Amendment!” Sanderson wrote in his initial lawsuit. “This is censorship by a government public figure which is Illegal and Unconstitutional!”

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He asked for $200,000 in damages, as well as the ability to see and post on Myrdal’s Facebook page.

Myrdal has served in the North Dakota Senate since 2017. She declined to comment on this story.

Agotness ruled in December that Myrdal runs her Facebook page without the help of government resources. The page in question was created before she was elected, and Myrdal uses it to campaign for re-election, the judge wrote in her opinion. Myrdal acted as a private citizen, not a government official on behalf of the state, Agotness said.

Sen. Janne Myrdal, R-Edinburg, speaks April 21, 2023, in the North Dakota Capitol.

Jeremy Turley / Forum News Service

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“If Myrdal’s conduct was purely private, then the First Amendment does not apply because there is not a government abridgment of speech,” Agotness ruled.

Sanderson also sued Agotness, claiming she was biased against him. He demanded $200 million in damages from Agotness and that “the county and state investigate her for criminal actions,” according to the lawsuit that was dismissed by Grand Forks District Judge Jay Knudson.

Agotness also declined to comment for this story.

In his Supreme Court briefing, Sanderson claimed Agotness improperly denied multiple motions he made in the Myrdal case. That included a motion for default judgment in his favor since Myrdal didn’t respond within 21 days of him serving the senator a summons on May 2, 2023.

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A court may rule in favor of a person who files a lawsuit if a defendant doesn’t answer within 21 days, Agotness ruled. In a June 3, 2023, email to Walsh County District Court, Myrdal said she hadn’t seen the summons in the case until May 30, 2023.

Myrdal answered the lawsuit four days before Sanderson asked for a default judgment, the judge wrote.

“North Dakota has a strong preference for deciding cases on their merits rather than by default judgment,” Agotness wrote July 10 in court filings that denied the motion for default judgment.

Sanderson claimed Monday the case shouldn’t have moved forward because he didn’t properly serve a summons to Myrdal.

“This is an obvious error by the court which requires reversal,” Sanderson said.

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When pressed by North Dakota Supreme Court Justice Daniel Crothers that judges have discretion in declaring default justice or moving forward with a case, Sanderson said the U.S. Constitution and U.S. Supreme Court rulings supersede North Dakota law.

“It’s not the U.S. Supreme Court’s rule. It’s our rule,” Crothers said. “This isn’t a federal case. It’s a state case.”

“You’re bound by the Constitution, sir,” Sanderson said.

The appeal is moot, said Howard Swanson, who represented Myrdal in the lawsuit and at the Supreme Court hearing on Monday. Sanderson is no longer pursuing his First Amendment claims, Swanson said.

“Mr. Sanderson’s rights were not violated by Mrs. Myrdal’s blocking, on her personal Facebook page, his adverse comments,” Swanson said.

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In Lindke v. Freed, the U.S. Supreme Court ruled this spring that public officials can sometimes block social media followers. A person must have authority to speak on the government’s behalf and act in an official capacity in order to violate a person’s First Amendment rights by blocking them on social media, the U.S. Supreme Court ruled.

The improper service of documents didn’t prejudice anyone, Swanson said. Improper service to Myrdal was waived because she continued with the case and defended against what Swanson called “absurd” motions filed by Sanderson.

“There was no denial of justice to anyone,” Swanson said. “It allowed the matter to pursue in the normal course of litigation.”

Sanderson called Swanson’s argument “verbal theatrics with the law.” Myrdal had her state-issued email on the page, Sanderson noted.

“Everything she did on it was pretty much political activity,” he said.

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In an interview with The Forum, Sanderson said he can’t pursue the First Amendment claims anymore. He said he would go as far as he needs to go with his case.

“If the judges do not rule in favor of the service and default judgment, and they hold up the attorney fees, I will sue any one of the judges that violate their Constitutional oath,” he told The Forum. “Any judge that dissents against me will get sued in federal court.”

Sanderson also accused Myrdal of forgery and evidence tampering, as well as Agotness of corruption and perjury. North Dakota Justice Lisa McEvers suggested those allegations should be handled by a criminal court, not in a civil case.

Sanderson said the Walsh County State’s Attorney’s Office will “defend the state at all costs.” He said he has brought his evidence to the FBI but claimed the Department of Justice under President Joe Biden wouldn’t address the allegations.

“We have to wait for President Trump to get in,” he said. “This is not stopping her today, folks.”

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He said more lawsuits are coming from him, as well as criminal charges.

“Trump is coming,” he said. “His DOJ is coming.”

Republicans have criticized a jury verdict that found Trump guilty in a hush-money case earlier this year. He also faces several federal indictments, including in connection to the Jan. 6, 2021, insurrection in Washington, D.C., where masses tried to overturn the 2020 election results that said he lost to Biden.

Sanderson filed a lawsuit against the North Dakota Republican Party after it kicked him out in 2022. He said he tried to run against Myrdal at the District 19 nominating meeting.

He and the NDGOP agreed to dismiss the case.

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And he’s off

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And he’s off


BRECKENRIDGE — Coaches, teammates, friends and family gathered in the south parking lot of Breckenridge High School for another state tournament sendoff.

Friends, family, teammates and coaches joined Berndt for a photo before cheering him on as he rode off in the ceremonial convertible.

Corbin Abner Lee / Wahpeton Daily News

This year, it was Troy Berndt taking the ceremonial convertible ride. He is headed to St. Michael-Albertville High School for the Minnesota Class A State Track and Field Meet on June 4-6.

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Breckenridge track - Berndt, Erlandson and the Haires
Troy Berndt, left, give his supporters one last smile before embarking on his state journey. David Erlandson, next to Berndt, accompanied him in the convertible, and will be with him at the meet on June 4. Tom Haire, driving, and Christy Haire are in the front seats.

Corbin Abner Lee / Wahpeton Daily News

He will be running in the third heat of the 400-meter prelims, scheduled for 4:52 p.m. June 4. There are seven athletes in each heat, 21 total, and nine will advance to the finals at 6:20 p.m. June 5.

The top two finishers in each heat advance, along with the next three best times. Berndt’s personal best time of 50.67 has him seeded 13th, but the 10th-, 11th- and 12th-seeded runners are less than five hundredths of a second ahead of him. The eighth- and ninth-seeded runners are also close, at 50.33 and 50.39, respectively.

Berndt dropped nearly seven-tenths of a second from his previous personal best at the Section 6A West Subsection Meet on May 21, running 51.35, and shaved another 0.68 seconds off at the Section 6A Championships on May 28 with a time of 50.67. If he keeps lowering his time, he will have a shot at reaching the podium against the best runners in Class A.

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Breckenridge track - convoy
Berndt and company taking their spot in the convoy behind Breckenridge Fire Department and Police Department vehicles.

Corbin Abner Lee / Wahpeton Daily News

Results and photos will be available online immediately following the race June 4 and in the June 10 print edition of the Wahpeton Daily News.

Corbin Abner Lee

Corbin Lee is a sports reporter for the Wahpeton Daily News and Richland County News-Monitor. Corbin can be reached by calling (701) 291-3551 or emailing corbin.lee@wahpetondailynews.com.

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Today in History, 1971: Rugby repeats as North Dakota sand greens golf champion

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Today in History, 1971: Rugby repeats as North Dakota sand greens golf champion


On this day in 1971, Rugby repeated as North Dakota’s high school sand greens golf champion behind medalist Dwight Stempson’s winning performance.

Here is the complete story as it appeared in the paper that day:

Rugby Repeats As Sand Greens Golf Champion

RUGBY, N. D. — Rugby repeated as North Dakota high school sand greens golf champion here Wednesday, posting a four-man total of 293 strokes for 18 holes.

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Led by medalist Dwight Stempson’s medalist 36-35 — 71, the Panthers were eight strokes ahead of runnerup Stanley, which had a 301. Following were Garrison 311, Beulah 315, Leeds 322, Ashley 323, Bottineau 328, Pembina 329, Tioga 332, Parshall 341 and Hettinger 342.

See more history at Newspapers.com

Stempson and teammate Bruce Carlson each had one-under par 71s, but Carlson was unable to be at the regional and wasn’t qualified for individual honors.

Rounding out the Rugby totals were Delwin Wilson 40-37 — 77 and Dennett Hutchinson 35-39 — 74. Gary Kirchoffner, 41-39 — 80, was Rugby’s fifth entrant with the best four-of-five scores counted.

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Runnerup Stanley was led by Steve Springan’s 34-38 — 72 and Joe Springan’s 36-38 — 74. Their two-man total of 146 strokes was good enough for the doubles title. Two strokes back with a 148 was the duo of Stempson and Wilson. Stan Saathoff and Mike Stepina of Garrison each had 76s for a 152 total and the Ashley combo of Steve Maier (76) and Dave Kretschmar (78) was fourth with a 154.

Stempson was the driving contest winner with a distance of 280 yards. Chris Knutson of Garrison headed the pitch and putt competition.

Ads featured in The Forum on June 3, 1971. Newspapers.com

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Kate Almquist

Kate Almquist is the social media manager for InForum. After working as an intern, she joined The Forum full time starting in January 2022. Readers can reach her at kalmquist@forumcomm.com.





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10 Small Towns In North Dakota Were Ranked Among US Favorites

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10 Small Towns In North Dakota Were Ranked Among US Favorites


Walhalla keeps the oldest buildings in North Dakota, fur-trade posts from the 1840s still standing near the Canadian line. Medora sits out in the Badlands, where a French aristocrat tried to build a beef empire in 1883. Garrison fishes one of the largest reservoirs in the country, and Jud has turned nearly every wall in town into a mural. The frontier era left marks across North Dakota that most of the Plains has paved over, and these ten towns still carry them. Each one holds a specific piece of the state’s history and geography.

Garrison

Downtown street in Garrison, North Dakota. Image credit: Andrew Filer, CC BY-SA 2.0 via Wikimedia Commons.

Garrison sits on the north shore of Lake Sakakawea, the reservoir the Garrison Dam holds back on the Missouri River and one of the largest reservoirs in the country. Anglers come year-round for walleye, northern pike, and chinook salmon, and the lake also draws boaters, campers, and shoreline hikers. In town, the open-air Heritage Park Museum preserves a one-room schoolhouse, a railroad depot, a country church, and a homesteader cabin from the turn of the last century. Fort Stevenson State Park, three miles southwest, marks the site of an 1860s military post with an interpretive guardhouse, a marina, a campground, and lakeside trails. Garrison leans into its self-declared title as the Walleye Capital of North Dakota with Wally the Walleye, a 26-foot fiberglass fish on Main Street.

Mayville

Mayville State University in Mayville, North Dakota
Mayville State University. Image credit: Tammy Chesney via Shutterstock.

Mayville State University anchors this Red River Valley town in Traill County. The public four-year college opened in 1889 as one of the six original state normal schools authorized at North Dakota statehood, and its calendar still drives the town through Comet athletics, theater productions, and the annual Festival of Trees. Island Park, set along the Goose River where it runs through downtown, holds the town’s main recreation space with picnic areas, playgrounds, and a community pool. The volunteer-tended Rainbow Garden along the riverbank mixes themed plantings with folk-art sculptures. The Mayville Water Park runs its pool and slides from Memorial Day through Labor Day.

Lisbon

Downtown streets of Lisbon, North Dakota
Downtown Lisbon, North Dakota. Image credit: Andrew Filer, CC BY-SA 2.0 via Wikimedia Commons.

Lisbon grew up along the Sheyenne River in Ransom County as a Northern Pacific Railroad town, and its 1889 Opera House, now restored and on the National Register, still hosts theater and music. Brick storefronts from the same era line Main Street. Just south of town, the Sheyenne National Grassland protects 70,000 acres of tallgrass prairie, the largest publicly owned tallgrass prairie in the country, with trails open to hikers, riders, and limited hunting. Prairiewood Vineyard, about six miles out, grows cold-climate grapes and pours tastings on weekends.

Fort Ransom

Fort Ransom Wildlife Management Area in North Dakota
Fort Ransom Wildlife Management Area. Image credit: Danita Delimont via Shutterstock.

Fewer than 100 people live in Fort Ransom year-round, deep in the wooded Sheyenne River Valley. Fort Ransom State Park preserves the site of an 1867 Army outpost built to guard settlers and the wagon route toward the Black Hills, and it now offers camping, paddling on the Sheyenne, and cross-country skiing. The park’s Sodbuster Days each September run horse-powered farming, threshing, and traditional-craft demonstrations, and the Sheyenne Valley Arts and Crafts Festival fills it over the Fourth of July weekend. The town anchors the Sheyenne River Valley Scenic Byway, a 63-mile route through some of the most varied terrain in the state.

Devils Lake

High water at Devils Lake, North Dakota
High water at Devils Lake, North Dakota.

Devils Lake takes its name from the Dakota “Mni Wak’áŋ,” or Spirit Water, and sits beside the largest natural lake in North Dakota. Between 1993 and 2011, floodwaters more than doubled the lake, swelling it from roughly 70 square miles to over 200 and swallowing roads, farms, and woodland as it rose. Today it holds one of the most productive perch and walleye fisheries in the Upper Midwest. Graham’s Island State Park, on the western shore, is the main access point, with cabins, a campground, a swimming beach, and boat ramps. Fort Totten State Historic Site nearby preserves an 1867 military post with sixteen original buildings restored to tell its story through 1890.

Medora

Sunrise over Theodore Roosevelt National Park
Sunrise over Theodore Roosevelt National Park. Image credit: Zak Zeinert via Adobe Stock.

Medora is the gateway to the south unit of Theodore Roosevelt National Park, set in the Badlands of western North Dakota. The Marquis de Mores, a French aristocrat, founded the town in 1883 and named it for his American wife, Medora von Hoffman; his Chateau de Mores hunting lodge still stands as a state historic site with the family’s original furnishings. The Maltese Cross Cabin, near the park visitor center, is the cabin Theodore Roosevelt used during his 1880s ranching years, the period that shaped his later conservation work. Each summer the Burning Hills Amphitheatre stages the Medora Musical, a Western-themed show running since 1965 in a natural bluff theater over the Badlands. The North Dakota Cowboy Hall of Fame keeps permanent exhibits on ranching, rodeo, and Indigenous horse culture.

Walhalla

Downtown streets of Walhalla, North Dakota
Downtown Walhalla, North Dakota. Image credit: In memoriam afiler, CC BY-SA 2.0, via Wikimedia Commons.

Walhalla, founded in 1845 on the banks of the Pembina River, is among the oldest towns in North Dakota. The Kittson Trading Post, built by American Fur Company agent Norman Kittson, stands at the Walhalla State Historic Site and is often called the oldest building in the state; the nearby Gingras Trading Post, the 1840s home and store of Métis trader Antoine Blanc Gingras, holds an equal or older claim. Pembina Gorge State Recreation Area cuts the deepest canyon in North Dakota, carved by the Pembina River, with trails for hiking, biking, and ATVs. Frost Fire Mountain runs downhill skiing and snowboarding in winter and an outdoor theater season in summer.

Valley City

Bridge over the Sheyenne River in Valley City, North Dakota
Sheyenne River in Valley City, North Dakota, the City of Bridges.

Valley City earns its nickname, the City of Bridges, from the eleven bridges that cross the Sheyenne River and its tributaries within the city limits. The Hi-Line Railroad Bridge, finished in 1908 and listed on the National Register, runs 3,860 feet across the valley and stands 162 feet above the water, one of the longest single-track railroad bridges in the country. The town sits at the eastern end of the 63-mile Sheyenne River Valley Scenic Byway, and Valley City State University, founded in 1890, keeps the local calendar busy with Vikings athletics and the annual Hi-Liner Days festival.

Jud

Jud, North Dakota, post office building
Jud, North Dakota, post office building. Image credit: Andrew Filer, CC BY-SA 2.0 via Wikimedia Commons.

Jud holds fewer than 100 residents in LaMoure County and is named for Judson LaMoure, an early state legislator. Since the early 2000s, residents and visiting artists have painted murals across nearly every building in town, including the post office, the grain elevator, the fire hall, and several houses, turning the place into a walkable open-air gallery of prairie wildlife, rural scenes, and abstract patterns. The annual Jud Art Festival each summer brings in regional artists and live music. Most travelers come for the murals and the sight of an entire town organized around one creative project.

Bottineau

Tommy Turtle statue in Bottineau, North Dakota
Tommy Turtle, symbol of Bottineau, North Dakota. Image credit: Bobak Ha’Eri, CC BY 3.0 via Wikimedia Commons.

Bottineau sits a little over ten miles south of the Canadian border as the gateway to the Turtle Mountains. Its mascot, the 30-foot fiberglass Tommy the Turtle, went up in 1978 riding a 34-foot snowmobile and is billed as the world’s tallest turtle statue. Pride Dairy on Main Street is the last small-town creamery still operating in North Dakota, known for its Juneberry ice cream. Lake Metigoshe State Park, about fifteen miles north, offers boating, kayaking, fishing, and winter ice fishing. Bottineau Winter Park, the largest ski area in the state, runs ten runs across 200 vertical feet plus a tubing hill, and Dakota College at Bottineau, established in 1906, anchors the campus side of town.

Where The Frontier Still Shows

What these ten towns share is how much of the frontier they kept. The Missouri River and Lake Sakakawea shaped Garrison. The Sheyenne River Valley runs through Fort Ransom, Lisbon, and Valley City. The Pembina Gorge holds Walhalla on the Canadian border, the Badlands hold Medora, and the Turtle Mountains rise behind Bottineau. Each one still keeps its 19th-century buildings and the kind of small-town institutions that have closed almost everywhere else.

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