Uh, NDSU got permission from the State Board of Higher Education so they're not the problem. Elements in the legislature are the problem.
It's pretty obvious to me that the Legislature wants control of higher ed back, not because higher ed is being run badly but because they want the power back because they have their own agendas.
Who on earth would argue that when the legislature controlled higher ed, it was better for North Dakota?
I kind of figured that Legislature power grab was on after the Potts v Chapman deal. Since then they have manufactured controversies about tuition waivers, travel costs, and now NDSU ignoring the "explicit *instructions" of the legislature by building a downtown campus. Basically, they are trotting out every excuse for taking back control of Higher Ed in preparation for a vote. I wouldn't be surprised to see a couple more legislative hissy fits.