Stephenson v. Hoeven

MARING, Justice.

[¶ 1] John Hoeven, as Governor of North Dakota and commander in chief of the North Dakota National Guard, and Major General David Sprynczynatyk, the Adjutant General of the North Dakota National Guard (collectively referred to as the “Adjutant General”), appeal from a district court judgment reversing a decision to separate Jamey Stephenson from the North Dakota National Guard. We conclude the Adjutant General’s decision is not appealable, and we reverse the judgment denying the Adjutant General’s motion to dismiss Stephenson’s appeal.

I

[¶ 2] In 2001, Stephenson was accepted…