Medcenter One, Inc. v. North Dakota State Board of Pharmacy

MESCHKE, Justice.

[¶ 1] The North Dakota State Board of Pharmacy appealed a summary judgment declaring a pharmacy owned by Medcenter One, Inc., exempt from the pharmacist-ownership requirements of NDCC 43-15-35(5). Medcenter cross-appealed from the trial court’s refusal to award Medcenter attorneys’ fees under NDCC 28-32-21.1. We hold Medcenter’s failure to exhaust administrative remedies does not preclude this declaratory judgment construing the unambiguous language of the statute to exempt Medcenter’s pharmacy from the pharmacist-ownership requirements. We also hold Medcenter is not entitled…