Cable Communications Board v. Nor-West Cable Communications Partnership (1984)
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· 216 citation events
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In the Matter of the Expulsion of A.D. From United South Central Public Schools No. 2134 (2016)
Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 668 (Minn.1984) (citing Reserve Mining Co. v. Herbst, 256 N.W.2d 808, 825 (Minn.1977)).
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In the Matter of the Medical License of S. Fred Everett, M.D., Year of Birth: 1935, License Number: 22,350. (2016)
DECISION “Agency decisions are reversed only when they reflect an error of law, the findings are arbitrary and capricious, or the findings are unsupported by substantial evidence.” Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 668 (Minn. 1984); see also Rodne v. Comm’r of Human Servs., 547 N.W.2d 440 , 444–45 (Minn. App. 1996) (“On certiorari appeal from a quasi-judicial agency decision that is not subject to the administrative procedure act, we inspe…
Cable Commc’ns Bd. v. Nor-west Cable Commc’ns P’ship, 356 N.W.2d 658, 668 (Minn. 1984).
Cable Communications Bd. v. Nor-West Cable Communications P’ship, 356 N.W.2d 658, 667 (Minn.1984) (quotations omitted).
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Minneapolis Police Department v. Kelly (2010)
Moreover, a commission's finding may be reversed when a "combination of danger signals ... suggest[s] the [commission] has not taken a hard look at the salient problems and the decision lacks articulated standards and reflective findings." Cable Commc'ns Bd. v. Nor-West Cable Commc'ns P'ship, 356 N.W.2d 658, 669 (Minn.1984) (quotations omitted).
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In Re the Review of the 2005 Annual Automatic Adjustment of Charges for All Electric & Gas Utilities (2009)
Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 668 (Minn.1984).
Cable Communications Bd. v. Nor-West Cable Communications P’ship, 356 N.W.2d 658, 668 (Minn.1984).
The court will intervene, however, where there is a ‘combination of danger signals which suggest the agency has not taken a “hard look” at the salient problems’ and the decision lacks ‘articulated standards and reflective findings.’ Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 668-69 (Minn.1984) (citations omitted).
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Independent School District No. 709 v. Bonney (2005)
Under the substantial evidence test, the reviewing court evaluates “the evidence relied upon by the agency in view of the entire record as submitted.” Cable Communications Bd. v. Nor-West Cable Communications P’ship, 356 N.W.2d 658, 668 (Minn.1984).
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Bird v. State, Department of Public Safety (1985)
See Cable Communications Board, 356 N.W.2d at 666 (“[respondent had no property interest at stake * * * because it had a mere expectation of and desire for a cable franchise, but no legitimate claim of entitlement to a franchise award * * *.”); Country Liquors, Inc. v. City Council of City of Minneapolis, 264 N.W.2d 821, 826 (Minn.1978) (there is no property interest in an unissued liquor license); State v. City of Austin, 246 Minn. 514, 519 , 75 N.W.2d 780, 784 (1956) (a pr…
“[respondent had no property interest at stake * * * because it had a mere expectation of and desire for a cable franchise, but no legitimate claim of entitlement to a franchise award * * *.”
Cable Commc’ns P’ship, 356 N.W.2d 658, 669 (Minn. 1984)).
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In the Matter of the Appeal by Serenity Adult Day Center of the Order of License Revocation License No. 10947… (2024)
If an administrative agency engages in reasoned decision-making, appellate courts “will affirm, even though it may have reached a different conclusion had it been the factfinder.” Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 669 (Minn. 1984).
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In the Matter of the Decision to Deny the Petitions for a Contested Case Hearing and to Submit the Draft Litt… (2016)
Cable Commc’ns Bd. v. Nor-west Cable Commc’ns P’ship, 356 N.W.2d 658, 668-69 (Minn. 1984).
Cable Commc’ns Bd. v. Nor-west Cable Commc’ns P’ship, 356 N.W.2d 658, 668-69 (Minn. 1984) (quotations and citations omitted).
quotations and citations omitted
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In the Matter of the Findings of Maltreatment and Disqualification of R. M. M. v. State of Minnesota, Departm… (2016)
Cable Commc’ns P’ship, 356 N.W.2d 658, 668-69 (Minn. 1984) (citations omitted). “[T]he burden is upon the appellant to establish that the findings of the agency are not supported by the evidence in the record, considered in its entirety.” In re Application of Minn. Power, 838 N.W.2d 747, 760 (Minn. 2013) (quoting Reserve Mining Co. v. Herbst, 256 N.W.2d 808, 825 (Minn. 1977)). 4 I.
citations omitted
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In the Matter of the Appeal by Tami L. Kreuzer of the Maltreatment Determination and Order to Forfeit a Fine. (2015)
“If an administrative agency engages in reasoned decisionmaking, [an appellate] court will affirm, even though it may have reached a different conclusion had it been the factfinder.” Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 669 (Minn. 1984).
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Ken Peterson, Commissioner, Minnesota Department of Labor and Industry v. United Parcel Service, Inc., Relato… (2015)
Cable Commc’ns P’ship, 356 N.W.2d 658, 669 (Minn. 1984).
Cable Commc’ns Bd. v. Nor-west Cable Commc’ns P’ship, 356 N.W.2d 658, 668-69 (Minn. 1984) (quotations and citations omitted). 1.
quotations and citations omitted
Cable Commc’ns Bd. v. Nor-west Cable Commc’ns P'ship, 356 N.W.2d 658, 669 (Minn. 1984).
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In the Matter of REICHMANN LAND AND CATTLE, LLP (2015)
When reviewing the decision of an administrative agency, we “attach[] a presumption of correctness” and “defer[ ] to an agency’s conclusions in the area of its expertise.” Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 668 (Minn.1984).
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In the Matter of the Denial of the Child Foster Care License Application of Jennifer Gaffaney and Kenneth Hof… (2015)
Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 669 (Minn. 1984).
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In the Matter of the Petition of Xcel Energy for Approval of the Acquisition of 600 MW of Wind Generation, an… (2015)
Cable Commc’ns Bd. v. Nor– West Cable Commc’ns P’ship, 356 N.W.2d 658, 669 (Minn. 1984).
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Michael Rahier, Relator v. Valley Markets, Inc. � Hugo�s, Department of Employment and Economic Development (2015)
Evidence considered in its entirety.” Cable Commc’ns Bd. v. Nor-west Cable Commc’ns P’ship, 356 N.W.2d 658, 668 (Minn. 1984).
This court will reverse the decision of an administrative agency “where there is a combination of danger signals which suggest the agency has not taken a ‘hard look’ at the salient problems and the decision lacks articulated standards and reflective findings.” Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 669 (Minn. 1984) (quotations omitted).
quotations omitted
Substantial evidence means “(1) such relevant evidence as a reasonable mind might accept as adequate to support a conclusion; (2) more than a scintilla of evidence; (3) more than some evidence; (4) more than any evidence; and (5) evidence considered in its entirety.” White v. Minnesota Dept. of Natural Res., 567 N.W.2d 724, 730 (Minn. App. 1997) (quoting Cable Cmmc’ns Bd. v. Nor-West Cable Cmmc’ns P’ship, 356 N.W.2d 658, 668-69 (Minn. 1984) (quoting Reserve Mining Co., 256 N…
quoting Reserve Mining Co., 256 N.W.2d at 825
Cable Commc’ns Bd. v. Nor-West Cable 7 Commc’ns P’ship, 356 N.W.2d 658, 667 (Minn. 1984); Faribault Cnty. v. Minn. Dep’t of Transp., 472 N.W.2d 166, 170 (Minn. App. 1991) (distinguishing between an agency’s “announcement of a clear statutory requirement,” which is not a rule, and an agency’s “interpretation of words within the statute that may be susceptible to more than one meaning,” which is a rule and “may only be promulgated through the administrative rulemaking process)…
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Pamela Jeanne Googe, Relator v. Capstone Services, LLC, Department of Employment and Economic Development (2014)
Evidence considered in its entirety.” Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 668 (Minn. 1984). 5 An applicant discharged from employment for employment misconduct is ineligible for unemployment benefits.
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Minnesota Transitions Charter School v. Commissioner of Minnesota Department of Education (2014)
An unpromulgat-ed interpretive rule is still valid “if the agency’s interpretation of a [statute] corresponds with its plain meaning, or if the [statute] is ambiguous and the agency interpretation is a longstanding one.” Id. (quoting Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 667 (Minn.1984)) (quotation marks omitted).
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In re Minnesota Power for Authority to Increase Rates for Electric Service in Minnesota (2013)
Advocacy, 644 N.W.2d at 464 (deferring to the agency’s factual determination whether the statutory standard of “significant environmental effects” was met with regard to timber harvesting project); Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 668 (Minn.1984) (holding that we “show[ ] deference to an agency’s conclusions in the area of its expertise”); Quinn Distrib.
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In re the Rental Dwelling License held by Khan (2011)
“If [a municipality] engages in reasoned decisionmaking, the court will affirm, even though it may have reached a different conclusion had it been the factfin-der.” Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 669 (Minn.1984).
“Interpretative rules are promulgated to make specific the law enforced or administered by the agency.” Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 667 (Minn.1984) (quotation omitted).
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Cannon v. Minneapolis Police Department (2010)
“If [the commission] engage[d] in reasoned decisionmaking, the court -will affirm, even though it may have reached a different conclusion had it been the factfinder.” Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 669 (Minn.1984).
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Independent Sch. Dist. v. DEPT. OF EDUC. (2008)
Under the substantial-evidence test, the reviewing court "evaluate[s] the evidence relied upon by the agency in view of the entire record as submitted." Cable Commc'ns Bd. v. Nor-West Cable Commc'ns P'ship, 356 N.W.2d 658, 668 (Minn.1984).
Under the substantial-evidence test, the reviewing court “evaluate[s] the evidence relied upon by the agency in view of the entire record as submitted.” Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 668 (Minn.1984).
Under the substantial-evidence test, this court evaluates “the evidence relied upon by the agency in view of the entire record as submitted.” Cable Commc’ns Bd. v. Nor-West Cable Commc’ns P’ship, 356 N.W.2d 658, 668 (Minn.1984).
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Independent Sch. Dist. v. DEPT. OF EDUC. (2007)
Under the substantial-evidence test, this court evaluates "the evidence relied upon by the agency in view of the entire record as submitted." Cable Commc'ns Bd. v. Nor-West Cable Commc'ns P'ship, 356 N.W.2d 658, 668 (Minn.1984).
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In Re Appeal of Staley (2007)
“If an administrative agency engages in reasoned decision-making, the court will affirm, even though it may have reached a different conclusion had it been the factfinder.” Cable Commc’ns Bd. v. Nor-West Cable Communications P’ship, 356 N.W.2d 658, 669 (Minn.1984).
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In Re the Rate Appeal of Benedictine Health Center (2007)
See Cable Communications Bd. v. Nor-West Cable Communications P'Ship, 356 N.W.2d 658, 667 (Minn. 1984) ("[If an] agency's interpretation of a rule corresponds with [the rule's] plain meaning * * * the agency is not deemed to have promulgated a new rule.").
"[If an] agency's interpretation of a rule corresponds with [the rule's] plain meaning * * * the agency is not deemed to have promulgated a new rule."
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In Re the Claim for Benefits by Meuleners (2006)
An agency’s decision is not supported by substantial evidence if there is a “combination of danger signals which suggest the agency has not taken a hard look at the salient problems and the decision lacks articulated standards and reflective findings.” Cable Communications Bd. v. Nor-West Cable Communications P’ship, 356 N.W.2d 658, 668-69 (Minn.1984) (quotations omitted).
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Minnesota Center for Environmental Advocacy v. Commissioner of Minnesota Pollution Control Agency (2005)
And “[t]he court will intervene ... where there is a combination of danger signals which suggest the agency has not taken a ‘hard look’ at the salient problems’ and the decision lacks ‘articulated standards and reflective findings.’ ” Id. (quoting Cable Communications Bd. v. Nor-West Cable Communications P’ship, 356 N.W.2d 658, 668-69 (Minn.1984) and Herbst, 256 N.W.2d at 825 (Minn.1977)).
Cable Communications Bd. v. Nor-West Cable Communications P’ship, 356 N.W.2d 658, 668 (Minn.1984).
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Aaa Striping v. Mn. Dot (2004)
Cable Communications Bd. v. Nor-West Cable Communications P'ship, 356 N.W.2d 658, 668 (Minn.1984).
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In the Matter of Petition of N. St. Power (2004)
Pship., 356 N.W.2d 658, 665 (Minn.1984).
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Moreno v. City of Minneapolis (2004)
Cable Communications Bd. v. Nor-West Cable Communications P’ship, 356 N.W.2d 658, 669 (Minn.1984).
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Pomrenke v. Commissioner of Commerce (2004)
Cable Communications Bd. v. Nor-West Cable Communications P’ship, 356 N.W.2d 658, 668 (Minn.1984).
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City of Lake Elmo v. Metropolitan Council (2004)
Cable Communications Bd. v. Nor-West Cable Communications P’ship, 356 N.W.2d 658, 668-69 (Minn.1984).
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Anderson v. State, Department of Natural Resources (2004)
Cable Communications Bd. v. Nor-West Cable Communications P’ship, 356 N.W.2d 658, 668 (Minn.1984).
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In Re the Expulsion of I.A.L. (2004)
Cable Communications Bd. v. Nor-West Cable Communications P’ship, 356 N.W.2d 658, 668-69 (Minn.1984).
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Anderson v. STATE, DEPT. OF NAT. RESOURCES (2004)
Cable Communications Bd. v. Nor-West Cable Communications P'ship, 356 N.W.2d 658, 668 (Minn.1984).
“If an administrative agency engages in reasoned decisionmaking, this court will affirm, even though it may have reached a different conclusion had it been the factfinder.” Cable Communications Bd. v. Nor-West Cable Communications P’ship, 356 N.W.2d 658, 669 (Minn.1984).