Friends of Duane Sand-2012 v. Job Service North Dakota

Summary

The North Dakota Supreme Court dismissed an appeal from an order denying post-judgment relief in a district court review of a Job Service North Dakota decision. The court held that North Dakota Rules of Civil Procedure 59 and 60 do not apply to post-judgment motions in administrative appeals and that the appellant had not timely appealed the district court judgment affirming the agency decision.

Holdings

1. N.D.R.Civ.P. 59 and 60 do not apply to a district court's appellate review of an administrative agency decision when their use would be inconsistent with the Administrative Agencies Practice Act.
2. The appeal had to be dismissed because N.D.C.C. § 28-32-49 authorizes an appeal from the district court judgment entered after administrative review, and Friends of Duane Sand did not timely appeal from that judgment.

Questions Presented

1. Whether N.D.R.Civ.P. 59 or 60 permits a district court to entertain a post-judgment motion in a statutory administrative appeal.
2. Whether the Supreme Court had statutory appellate jurisdiction when Friends of Duane Sand appealed from the order denying its post-judgment motion rather than timely appealing from the district court judgment affirming the agency decision.

Disposition

dismissed