concurring specially.
I concur in the result. I am, however, troubled by the application of Rule 52(a), N.D.R.Civ.P., to this appeal. There is no dispute of fact. If there were I would agree Rule 52(a) would have limited application to the county court’s findings of fact. The issue exists as to whether or not, under these facts, Kupperion is in need of treatment as defined by Section 25-03.1-02(11), N.D.C.C. I do not believe that the determination that a person is in need of treatment as statutorily defined is a finding of fact. Section 25-03.1-19, N.D.C.C., requires that the county court determine that the petition is sustained by clear and convincing evidence if the respondent is to be involuntarily committed to a treatment center. Because there is no dispute as to the facts involved in this case I believe our function is to determine whether or not the county court’s decision that Kupperion is in need of treatment is supported by clear and convincing evidence, i.e.: Do the undisputed facts clearly and convincingly indicate that Kupperion is in need of treatment? I believe that they do and I would therefore affirm the decision of the county court.
SAND, J., concurs.