section 606.01 certiorari (Minnesota) · Go Syfert
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section 606.01 certiorari in Minnesota

10 Minnesota opinions name it 2 courts 1987–2016 0 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Dietz v. Dodge Countygreen
minn · 1992 · cited in 4 Minnesota opinions naming this issue, 1995–2012
2 sentences

2003Because no statute specifically permits an appeal from an administrative decision to terminate the employment of a university employee, “certiorari pursuant to Minn.Stat. § 606.01 (1998) is the only method available for review of a university decision.” Shaw, 594 N.W.2d at 191 (citing Dietz, 487 N.W.2d at 239 ).

1995Accordingly, for the several reasons articulated in Dietz v. Dodge County, 487 N.W.2d 237 (Minn.1992), we hold that the actions of the Metropolitan Council and the Metropolitan Waste Control Commission at issue here are reviewable only by writ of certiorari. 3 *405 The time to petition for a 'writ of certiorari pursuant to Minn.Stat. § 606.01 (1992) having long since expired, we affirm the district court’s dismissal of this action.

24
Shaw v. Board of Regents of the University of Minnesotagreen
minnctapp · 1999 · cited in 2 Minnesota opinions naming this issue, 2000–2003
2 sentences

2003Because no statute specifically permits an appeal from an administrative decision to terminate the employment of a university employee, “certiorari pursuant to Minn.Stat. § 606.01 (1998) is the only method available for review of a university decision.” Shaw, 594 N.W.2d at 191 (citing Dietz, 487 N.W.2d at 239 ).

2000In Shaw v. Board of Regents, we held that: “certiorari pursuant to Minn.Stat. § 606.01 (1998) is the only method available for review of a university decision.” Shaw v. Board of Regents, 594 N.W.2d 187, 191 (Minn.App.1999).

12
Williams v. Smithgreen
minn · 2012 · cited in 1 Minnesota opinions naming this issue, 2016–2016
1 sentence

2016Williams v. Smith, 820 N.W.2d 807, 813 (Minn. 2012); Brenny v. Bd. of Regents, 813 N.W.2d 417 , 420–21 (Minn. App. 2012).

11
County of Washington v. City of Oak Park Heightsgreen
minn · 2012 · cited in 1 Minnesota opinions naming this issue, 2016–2016
2 sentences

2016We have held that review of certain decisions of local government entities are subject to review only by certiorari under Minn.Stat. § 606.01, which grants exclusive jurisdiction to the court of appeals over petitions for a writ of certiorari. 2 See, e.g., Cty. of Washington v. City of Oak Park Heights, 818 N.W.2d 533, 539 (Minn.2012); see also Minn.Stat. § 606.01 (stating that parties “shall apply to the Court of Appeals” for a writ of certiorari).

2016We have held that review of certain decisions of local government entities are subject to review only by certiorari under Minn. Stat. § 606.01 , which grants exclusive jurisdiction to the 6 court of appeals over petitions for a writ of certiorari.2 See, e.g., Cty. of Washington v. City of Oak Park Heights, 818 N.W.2d 533, 539 (Minn. 2012); see also Minn. Stat. § 606.01 (stating that parties “shall apply to the Court of Appeals” for a writ of certiorari).

11
In Re the Occupational License of Haymesgreen
minn · 1989 · cited in 1 Minnesota opinions naming this issue, 2012–2012
1 sentence

2012As with any state agency, judicial review of the University’s administrative and quasi-judicial decisions is both limited and deferential, and under separation of powers principles, the exclusive method of review is by certiorari pursuant to Minn. Stat. § 606.01 (2010). 2 See Dead Lake Ass’n v. Otter Tail Cnty., 695 N.W.2d 129, 134 (Minn.2005) (explaining that this court has “developed a body of case law treating the writ of certiorari as an extraordinary remedy that allows appellate review” of quasi-judicial decisions); In re Haymes, 444 N.W.2d 257, 259 (Minn.1989) (“Where no right of discret

11
Dead Lake Ass'n, Inc. v. Otter Tail Countygreen
minn · 2005 · cited in 1 Minnesota opinions naming this issue, 2012–2012
1 sentence

2012As with any state agency, judicial review of the University’s administrative and quasi-judicial decisions is both limited and deferential, and under separation of powers principles, the exclusive method of review is by certiorari pursuant to Minn. Stat. § 606.01 (2010). 2 See Dead Lake Ass’n v. Otter Tail Cnty., 695 N.W.2d 129, 134 (Minn.2005) (explaining that this court has “developed a body of case law treating the writ of certiorari as an extraordinary remedy that allows appellate review” of quasi-judicial decisions); In re Haymes, 444 N.W.2d 257, 259 (Minn.1989) (“Where no right of discret

11
Willis v. County of Sherburnegreen
minn · 1996 · cited in 1 Minnesota opinions naming this issue, 2000–2000
1 sentence

2000Relying on the Minnesota Supreme Court’s decision in Willis v. County of Sherburne, 555 N.W.2d 277, 282 (Minn.1996), this court held that petitions for writ of certiorari are appropriate when an employee raises a “pure breach of contract” claim.

11
Matter of Ultraflex Enterprises'appealgreen
minnctapp · 1992 · cited in 1 Minnesota opinions naming this issue, 1997–1997
1 sentence

1997See In re Ultraflex Enters., 494 N.W.2d 89, 91 (Minn.App.1992) (quasi-judicial decisions of local governmental actors are reviewable by certiorari pursuant to Minn.Stat. § 606.01).

11
Dokmo v. Independent School District No. 11green
minn · 1990 · cited in 1 Minnesota opinions naming this issue, 1990–1990
1 sentence

1990No. 11, 459 N.W.2d 671, 676 (Minn.1990) (record hearing not prerequisite to .certiorari review under Minn.Stat. § 606.01 (1988)).

11
Plunkett v. First National Bank of Austingreen
minn · 1962 · cited in 1 Minnesota opinions naming this issue, 1987–1987
2 sentences

1987In these circumstances judicial review is provided by certiorari under Minn.Stat. § 606.01, Plunkett v. First National Bank of Austin, 262 Minn. 231, 248 , 115 N.W.2d 235, 246 (1962), which provides: No writ of certiorari shall be issued, to correct any proceeding, unless such writ shall be issued within 60 days after the party applying for such writ shall have received due notice of the proceeding sought to be reviewed thereby.

1987In these circumstances judicial review is provided by certiorari under Minn.Stat. § 606.01, Plunkett v. First National Bank of Austin, 262 Minn. 231, 248 , 115 N.W.2d 235, 246 (1962), which provides: No writ of certiorari shall be issued, to correct any proceeding, unless such writ shall be issued within 60 days after the party applying for such writ shall have received due notice of the proceeding sought to be reviewed thereby.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Brenny v. Board of Regents of the University of Minnesota green
minnctapp · 2012
1 sentence

2016Williams v. Smith, 820 N.W.2d 807, 813 (Minn. 2012); Brenny v. Bd. of Regents, 813 N.W.2d 417 , 420–21 (Minn. App. 2012).

12016–2016
Tischer v. Housing & Redevelopment Authority of Cambridge green
minn · 2005
1 sentence

2012The limited nature of certiorari review ensures that such decisions are “granted deference by the judiciary to avoid usurpation of the executive body’s administrative prerogatives.” Tischer, 693 N.W.2d at 429 ; see also Dietz v. Dodge Cnty., 487 N.W.2d 237, 239 (Minn.1992) (“Because it mandates nonintrusive and expedient judicial review, certiorari is compatible with the maintenance of fundamental separation of power principles, and thus is a particularly appropriate method of limiting and coordinating judicial review of the quasi-judicial decisions of executive bodies.”) (footnote omitted).

12012–2012

Statutes the citing opinions construe

MN § Minn. Stat. § 606.01 (10)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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