Powell v. Khodari-Intergreen Co.

LARSON, Justice.

The determinative question for review does not concern the merits of this litigation, but whether the district court possessed the power to adjudicate the merits of certain claims in the plaintiff’s petition. The district court dismissed two tort claims from the petition for lack of subject-matter jurisdiction, and alternatively, for failure to state a claim upon which any relief can be granted. We reverse and remand.

Because acquisition of subject-matter jurisdiction over a particular controversy depends on the facts existing at the time it is invoked, our review requires an…