BISMARCK, N.D. — The North Dakota Supreme Court has reversed a ruling in favor of fired North Dakota State sports information director George Ellis, and sent the case back for further action.

The Supreme Court said East Central District Judge Steven Marquart erred by holding a trial on Ellis' claims under the North Dakota Human Rights Act, rather than reviewing an earlier decision made by an NDSU staff personnel board.

The court also said the personnel board's decision had the authority of the state Board of Higher Education, which has constitutional power to hire and fire college and university workers.

Justice Carol Ronning Kapsner dissented, calling the other justices' reading of the Board's constitutional authority "expansive."

"I do not believe the constitutional status of the Board can be interpreted to grant unfettered discretion in all employment matters," she wrote.

Ellis was 59 when he was fired by NDSU athletic director Gene Taylor in 2004. Marquart ruled that Ellis was the victim of age discrimination and awarded him more than $250,000 in back pay and attorney fees. NDSU appealed.