concurs in result.
Surrogate Judge RALPH J. ERICK-STAD was Chief Justice at the time this case was heard and served as surrogaté judge for this case pursuant to Section 27-17-03, N.D.C.C.
Justice J. PHILIP JOHNSON, who was a member of the Court when this case was heard, did not participate in this decision.
Justice NEUMANN and Justice SAND-STROM, not being members of the Court when this case was heard, did not participate in this decision.