Description of problem:

SQL Server does not allow you to use order by in views, inline 
functions, derived tables, and subqueries unless TOP is also 
specified.

When getting the size of a data query then the query is wrapped and 
select count(*) is applied to the wrapped query.  When an order by 
has been applied to the data query and size is called then SQL Server 
reports this error.

I came accross this problem due to incompatibility with SQL Server 
but it may also be a performance enhancement as well.  Performance 
issues is probably why SQL Server does not allow this.  It does not 
make sense to order the query when all your doing is getting the 
count of the query.  I modified 
com.arsdigita.persistence.DataQueryImpl to account for this.  In 
makeExpr(boolean size) I do a if(!size) test before running the 
following:

    for (int i = m_orders.size() - 1; i >= 0; i--) {
        String order = (String) m_orders.get(i);
        orders[i] = mapAndAddPaths(order);
    }

and 

    for (int i = orders.length - 1; i >= 0; i--) {
        expr = new Sort(expr, new Static(orders[i], m_bindings));
    }