Kemmet v. Steiner

2019 ND 267

• Court: North Dakota Supreme Court
• Decided: November 20, 2019
• Docket: 20190189
• Status: Published

Opinion

Filed 11/20/19 by Clerk of Supreme Court

I N T H E S U P R E M E C O U R T STATE OF NORTH DAKOTA

2019 ND 189

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

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Daniel James Borgen, Judge.

AFFIRMED.

Per Curiam.

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

David R. Phillips, Assistant Attorney General, Bismarck, N.D., for defendants and appellees. Kemmet v. Steiner No. 20190189

[¶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