Judge urges quick action on lawsuit

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FARGO - A woman suing the city of Fargo over traffic fines has been on the winning side so far, and it's up to lawyers to decide the next step, a federal judge says.

Stephanie Sauby of West Fargo filed her lawsuit more than 18 months ago, claiming the city violated her rights by assessing fines higher than state law allows. Sauby is contesting five violations.

The North Dakota Supreme Court, at the request of U.S. District Judge Rodney Webb, took up the matter and ruled in March that the city was wrong to charge higher fines. Last week, Webb denied the city's request to throw out the entire lawsuit.

Webb told lawyers during a status hearing Wednesday that the difficult matters have been decided. At one point, the judge turned to Tim Purdon, Sauby's attorney, and said, "You won."

But Webb also said that a jury deciding on damages would have to weigh the fact that Sauby broke the law.

"The plaintiff didn't come to this court with clean hands," Webb said.

Webb asked lawyers to resolve any issues, such as cutting down on mass mailings, that could save the taxpayers money if he certifies the lawsuit as a class action affecting anyone in the same situation. The most difficult issue would be finding a start date to include others, he said.

Webb said he wanted lawyers for the two sides to have lunch together and spend the rest of the afternoon working on the case.

"If you don't, I'll be upset," Webb said.

John Baker, an attorney for the city, said the two sides "need to understand what this case is about and what this case is not about."

Webb smiled when Purdon suggested it could take four months to work out details.

"I don't think the general public sees this as rocket science," the judge said.

Sauby was cited twice for speeding, twice for not wearing a seat belt and once for failing to have her vehicle under control between February 2003 and January 2006. Before she filed her lawsuit, three state district judges had ruled that Fargo's system of traffic fines was illegal.

Webb said he was upset that the city ignored the judges' opinions.

"I'm disappointed and disgusted," he said.

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