KEMMET v. STEINER WSI WSI (2019)

Supreme Court of North Dakota.

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

No. 20190189

Decided: November 20, 2019

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

[¶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).”)

Per Curiam.

[¶3] Gerald W. VandeWalle, C.J. Jerod E. Tufte Daniel J. Crothers Lisa Fair McEvers Jon J. Jensen

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