SANDERSON v. WALSH COUNTY COMMISSIONERS (2026)

[¶1] Mitchell Sanderson appeals from a judgment dismissing with prejudice his action against Walsh County Commissioners, Dennis Skorheim, Ernie Barta, and Kristi Brintnell.

[¶2] Sanderson's complaint alleges the Commissioners illegally voted to build a version of a county jail that voters had not approved. The district court determined it lacked subject matter jurisdiction because Sanderson was required to appeal the Commission's decision and the deadline for an appeal lapsed. We agree. See Danduran v. Eddy Cnty. Zoning Bd., 2026 ND 125, ¶ 11, 37 N.W.3d 251 (“This Court has consistently held that where [N.D.C.C. §] 28-34-01 review is available, the statutory appeal is the exclusive vehicle for grievances of the type that could have been litigated through it.”). We decline to address other issues because the absence of subject matter jurisdiction is dispositive. See Loberg v. N.D. Workers Comp. Bureau, 1998 ND 64, ¶ 12, 575 N.W.2d 221 (stating issues not necessary to disposition of an appeal will not be addressed). We modify the judgment to be without prejudice. See Opp v. Off. of N.D. Att'y Gen. – BCI CWL Unit, 2023 ND 131, ¶ 17, 993 N.W.2d 498 (“Absent jurisdiction, a court is powerless to do anything beyond dismissing without prejudice.”); see also N.D.R.App.P. 35(a)(1) (providing for modification of judgments on appeal).

[¶3] We summarily affirm under N.D.R.App.P. 35.1(a)(7).

Per Curiam.

[¶4] Lisa Fair McEvers, C.J. Jerod E. Tufte Jon J. Jensen Douglas A. Bahr Mark A. Friese