Judge certifies class action suit in case

FARGO — A class action lawsuit against the city of Fargo over traffic fines may include more than 50,000 plaintiffs, an attorney says.

U.S. District Judge Rodney Webb issued an order Tuesday certifying the class in the lawsuit filed by Stephanie Sauby, of West Fargo, and James Burns, of Fargo. Defense attorneys did not oppose the motion.

“We are pleased with the court’s decision,” said Timothy Purdon, Sauby’s attorney. “It will allow over 50,000 citizens who paid illegal fees to the city of Fargo to participate in the lawsuit.”

John Baker, an attorney for the city, was not available for comment Tuesday. He said earlier that the city agrees with the definition of the class, but are disputing the claims of the plaintiffs.

Sauby and Burns say the city violated their rights by assessing higher traffic fines than state law allows. Sauby filed the original lawsuit in January 2007. Burns recently was added as a plaintiff.

Webb said the lawsuit should include two subclasses of plaintiffs. The Sauby subclass includes people who paid traffic fees that were higher than state law between Aug. 30, 2001, and July 19, 2006. The Burns subclass includes people who paid similar fines between July 20, 2006, and March 24, 2008.

Attorneys have 30 days to put together a list of class members.

“Class members should take no action at this point,” Purdon said. “A notice plan will be put together and approved by the court. At that point, we will attempt to contact class members and advise them of their rights with regard to this suit.”

Class members will have the opportunity to opt out of the suit, Purdon said.

Sauby was cited for five traffic violations between February 2003 and January 2006. Burns was fined three times for violations between January 2002 and December 2007.

The state Supreme Court ruled in March that cities may not assess fines that exceed state law, following at least three similar rulings by state district judges. Fargo, Grand Forks, Williston and other cities responded by lowering their fines to meet state levels.

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