North Dakota State Board of Higher Education v. Jaeger

[¶ 40] I agree this is not a proper case for exercising the Court’s mandatory original jurisdiction. I also agree with the majority’s result of denying the Board’s requested relief. However, on the latter issue, we arrive at our common conclusion by significantly different means.

[¶ 41] The Board has petitioned for exercise of this Court’s mandatory original jurisdiction under N.D. Const, art. Ill, §§ 6 and 7. The majority holds we should not, and I agree. Majority Opinion at ¶ 13.

*226[¶ 42] The Board also seeks to invoke this Court’s discretionary original jurisdiction. N.D. Const, art. VI, § 2.…