Wilkinson v. Bd. of University and School Lands of the State of N.D.

Citations

• 981 N.W.2d 853
• 2022 ND 183

Syllabus

A person bringing a claim against the State for an injury shall present to the director of the office of management and budget within 180 days after the alleged injury is discovered or reasonably should have been discovered a written notice. Civil conspiracy is a combination of two or more persons acting in concert to commit an unlawful act or to commit a lawful act by unlawful means, the principal element of which is an agreement between the parties to inflict a wrong against or injury upon another and an overt act that results in damages. A civil conspiracy generally requires the underlying act itself to be actionable as a tort claim. A physical taking is where the government requires an owner to suffer a permanent physical invasion of her property. Total regulatory takings occur when regulations completely deprive an owner of all economically beneficial use of her property. Unjust enrichment requires an enrichment, an impoverishment, a connection between the enrichment and the impoverishment, an absence of justification for the enrichment and impoverishment, and an absence of remedy provided by law. Section 1983, 42 U.S.C., provides a cause of action against a state actor depriving a citizen of a constitutional right.