concurs.
Surrogate Judge RALPH J. ERICK-STAD was Chief Justice at the time this case was heard and serves as surrogate judge for the case pursuant to Section 27-17-03, NDCC. 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.