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State v. Haskell1/30/2001
sible discretionary award of attorney fees to a prevailing party. We need not address what, if any, effect the notice of claim statute may have when such relief, other than money damages, is sought, because Smith has not specified any relief sought other than money damages for lost income, damage to her reputation and attorney's fees. Smith's complaint therefore, seeks only money damages for the very kind of claim for which N.D.C.C. § 32-12.2-04 requires a person to present a notice to the director of the office of management and budget within 180 days. Under Ch. 32-12.2, injury includes personal injury, which is defined as including ". . . injury to a person's rights or reputation." N.D.C.C. § 32-12.2-01(2) and (4). The potential relief in Cooke and in this case are similar. The administrative processes involved in this case and in Cooke in the exhaustion of the claimants' remedies are not inconsistent with application of the notice-of-claim requirement of N.D.C.C. § 32- 12.2-04. We are not persuaded any distinctions between Cooke and this case warrant any difference in treatment. In accordance with Cooke, we conclude Smith's failure to present a claim in compliance with N.D.C.C. § 32-12.2-04 for the money damages she sought rendered the trial court without jurisdiction, and the court erred in refusing to grant the State's motion to dismiss.
[ ] We hold the trial court lacked jurisdiction and erred as a matter of law in denying the State's motion to dismiss Smith's complaint. The State has no other adequate remedy to avoid having to defend a suit over which the trial court lacks subject matter jurisdiction. We, therefore, exercise our supervisory authority and direct the trial court to vacate its order denying the State's motion to dismiss and to enter an order dismissing Smith's complaint.
[ ] Mary Muehlen Maring
William A. Neumann
Dale V. Sandstrom
Carol Ronning Kapsner
Gerald W. VandeWalle, C.J.
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