BROWN v. STATE EX REL. STATE BD. OF EDUC.

No. 20050365.

711 N.W.2d 194 (2006)

2006 ND 60

Dr. Richard J. BROWN, Plaintiff and Appellant v. STATE of North Dakota, by and through the STATE BOARD OF HIGHER EDUCATION, Defendant and Appellee.

Supreme Court of North Dakota.

March 29, 2006.


Attorney(s) appearing for the Case

Thomas D. Fiebiger, Ohnstad Twichell, P.C., Fargo, ND, for plaintiff and appellant.

Tag C. Anderson, Assistant Attorney General, Office of Attorney General, Bismarck, ND, for defendant and appellee.


VANDE WALLE, Chief Justice.

[¶ 1] Richard Brown appealed from a district court judgment granting the State's motion to dismiss his complaint for lack of subject matter jurisdiction. Brown sued the State of North Dakota by and through the State Board of Higher Education alleging the Dean of the Graduate School at the University of North Dakota was without the authority to revoke Brown's doctoral degree. The district court concluded Brown did not exhaust his administrative...

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