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Kemmet v. Steiner

SUPREME COURT STATE OF NORTH DAKOTA
Nov 20, 2019
2019 N.D. 189 (N.D. 2019)

Opinion

No. 20190189

11-20-2019

Terry KEMMET, Plaintiff and Appellant v. Jeanne M. STEINER, Rosellen M. Sand, Governor Doug Burgum, Attorney General Wayne Stenehjem, WSI Director Brian Klipfel, WSI Employee Barry Schumacher, Others, unknown at present, Defendants and Appellees

Terry Kemmet, self-represented, Tappen, N.D., plaintiff and appellant. David R. Phillips, Assistant Attorney General, Bismarck, N.D., for defendants and appellees.


Terry Kemmet, self-represented, Tappen, N.D., plaintiff and appellant.

David R. Phillips, Assistant Attorney General, Bismarck, N.D., for defendants and appellees.

Per Curiam.

[¶1] Terry Kemmet appeals from a district court judgment dismissing his complaint against several government defendants. The defendants moved to dismiss the complaint, arguing that the district court lacked subject matter jurisdiction because Kemmet failed to give timely notice of his claim to the director of the Office of Management and Budget, as required by N.D.C.C. § 32-12.2-04. The district court granted the defendants' motion to dismiss on several grounds, including that it lacked subject matter jurisdiction because Kemmet’s notice of claim was untimely under N.D.C.C. § 32-12.2-04.

[¶2] We summarily affirm under N.D.R.App.P. 35.1(a)(7). Moen v. State , 2003 ND 17, ¶ 5, 656 N.W.2d 671 ("A court lacks subject matter jurisdiction to entertain a lawsuit in the absence of a timely filing of a notice of claim under N.D.C.C. § 32-12.2-04(1).")

[¶3] Gerald W. VandeWalle, C.J.

Jerod E. Tufte

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen


Summaries of

Kemmet v. Steiner

SUPREME COURT STATE OF NORTH DAKOTA
Nov 20, 2019
2019 N.D. 189 (N.D. 2019)
Case details for

Kemmet v. Steiner

Case Details

Full title:Terry Kemmet, Plaintiff and Appellant v. Jeanne M. Steiner, Rosellen M…

Court:SUPREME COURT STATE OF NORTH DAKOTA

Date published: Nov 20, 2019

Citations

2019 N.D. 189 (N.D. 2019)
2019 N.D. 189