Stephenson v. Hoeven
v.
The Honorable John Hoeven, as
Governor of the State of North
Dakota, and as Commander in Chief
of the North Dakota National Guard,
and Major General David Sprynczynatyk,
Adjutant General of the North
Dakota National Guard, Appellants
Judge John Charles Irby
| Appellant: | Douglas Alan Bahr , Att. General Office | |
| Appellee: | Mertz Law Office |
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I.Section 28-32-42(1), N.D.C.C., grants the district court appellate jurisdiction of orders issued in adjudicative proceedings. Special Orders AA-86 were not issued as part of an adjudicative proceeding. Did the district court lack appellate jurisdiction to review Special Orders AA-86 under N.D.C.C. 28-32-42(1)?
II.Section 37-04-15(1), N.D.C.C., provides a commission in the Air National Guard (ANG) may be vacated as determined by an efficiency board as provided by federal regulation. The applicable federal regulation provides that the authority to separate ANG assigned members from state status rests with the state Adjutant General. The regulation further provides the Adjutant General is the Separation Authority when the separation is for ANG unique separations. The Adjutant General separated Stephenson from state status for an ANG unique separation. Did the Adjutant General act within his authority?
Appellee's Statement of the Issues:
Whether the district court had jurisdiction to review the Adjutant General's order?
Whether Stephenson's Appeal is justiciable because the Adjutant General exceeded his authority?
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