Victory Park Apartments, Inc. v. Axelson , 1985 N.D. LEXIS 306 ( 1985 )

PEDERSON, Surrogate Justice,

concurring specially.

I agree that the judgment must be reversed and the case remanded for a new trial and I concur in most of the statements of the law written by Justice VandeWalle. I do not agree that upon the retrial, the police report that contains no factual findings should be excluded even though it might appear to be inadmissible when evaluated under Rule 803(8)(iii). That rule merely does not apply.