East Central Water District v. City of Grand Forks

Summary

The court answered certified questions from a federal district court concerning the meaning of “invalid and unenforceable” in N.D.C.C. § 6-09.4-22(2). It held that an agreement concerning water services made without the public lending authority as a party is void ab initio, rather than merely voidable and subject to ratification. The court reasoned that the statutory requirement limits the parties’ authority to contract on the subject matter and cannot be treated as a waivable procedural irregularity.