COOKE v. UNIVERSITY OF NORTH DAKOTA

No. 990235.

603 N.W.2d 504 (1999)

1999 ND 238

Paula COOKE, Plaintiff and Appellant, v. The UNIVERSITY OF NORTH DAKOTA, Defendant and Appellee.

Supreme Court of North Dakota.

December 22, 1999.


Attorney(s) appearing for the Case

William E. McKechnie of William E. McKechnie & Associates, P.C., Grand Forks, ND, for plaintiff and appellant.

Douglas A. Bahr, Solicitor General, Bismarck, ND, for defendant and appellee.


KAPSNER, Justice.

[¶ 1] Paula Cooke appealed from a district court judgment dismissing her complaint against the University of North Dakota ("UND"). We hold N.D.C.C. § 32-12.2-04(1)'s notice of claim requirement is consistent with exhaustion of remedies theory. To comply with both, a party must present the requisite notice under N.D.C.C. § 32-12.2-04(1) and pursue available administrative remedies prior to initiating a lawsuit. Because Cooke failed...

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