Associated Press, Published April 27 2012
ND horse farmer loses appeal in illegal fence caseFARGO — A North Dakota horse farmer who challenged the state's century-old fence law has lost another round in federal court.
A judge threw out the original complaint by La Verne Koenig, who believed he was unfairly convicted by a jury for allowing livestock to run at large because he failed to maintain a legal fence. He was ordered to pay $5,400 for injuries allegedly inflicted on a neighbor's horse by one of Koenig's horses.
Koenig claims he had a legitimate fence.
The 8th U.S. Circuit Court of Appeals returned Koenig's case to federal court and asked that four specific issues be addressed, including whether the North Dakota statute that defines a lawful fence is unconstitutionally vague as applied to Koenig.
Judge Ralph Erickson ruled earlier this week to dismiss the case.
Copyright 2012 The Associated Press.