9 Minnesota opinions name it 2 courts 1923–2024 1 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.
| Case | Followed | Cited |
|---|---|---|
Doug Blaine v. City of Sartell, County of Stearnsgreen1 sentence2024On the other hand, in Blaine v. City of Sartell, this court affirmed the district court’s grant of summary judgment for the City of Sartell on a taking claim based on overflow from Sartell’s drainage ditch. 865 N.W.2d 723, 724, 729 (Minn. App. 2015). | 1 | 1 |
Hay v. City of Andovergreen1 sentence2014But although a permit is a “property interest” and “a government entitlement or benefit,” it “is not private property . . . subject to a taking claim.” Hay v. City of Andover, 436 N.W.2d 800, 804 (Minn. App. 1989). | 1 | 1 |
In Re the Variance Request of Johnsongreen1 sentence1997In Hedlund , the court rejected the plaintiff's taking claim on the same ground as the appeal of the variance denial itself: that the hardship was self-created. 366 N.W.2d at 628 ; see also Johnson, 404 N.W.2d at 301 (because hardship was self-imposed, denial of variances did not constitute taking). | 1 | 1 |
Wheeler v. City of Wayzatagreen1 sentence1995Wheeler v. City of Wayzata, 511 N.W.2d 39, 43 (Minn.App.1994). | 1 | 1 |
State v. Scottgreen1 sentence1993Condon moved to suppress the blood test on grounds that he was denied his Friedman right to counsel and that the taking of the test violated due process under State v. Scott, 473 N.W.2d 375, 377-78 (Minn.App.1991). | 1 | 1 |
Pennsylvania Coal Co. v. Mahongreen2 sentences1986See Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 , 43 S.Ct. 158 , 67 L.Ed. 322 (1922) (if regulation goes too far, it will be considered a taking). 1986See Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 , 43 S.Ct. 158 , 67 L.Ed. 322 (1922) (if regulation goes too far, it will be considered a taking). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
County of Anoka v. Blaine Building Corp.
green
2 sentences2002In response, the state moved for summary judgment, asserting that Dale's property had access in one direction, as required by this court's decision in County of Anoka v. Blaine Building Corp., 566 N.W.2d 331 (Minn.1997), and that no taking occurred. 2002In response, the state moved for summary judgment, asserting that Dale’s property had access in one direction, as required by this court’s decision in County of Anoka v. Blaine Building Corp., 566 N.W.2d 331 (Minn.1997), and that no taking occurred. | 1 | 2002–2002 |
Hedlund v. City of Maplewood
green
1 sentence1997In Hedlund , the court rejected the plaintiff's taking claim on the same ground as the appeal of the variance denial itself: that the hardship was self-created. 366 N.W.2d at 628 ; see also Johnson, 404 N.W.2d at 301 (because hardship was self-imposed, denial of variances did not constitute taking). | 1 | 1997–1997 |
Penn Central Transportation Co. v. New York City
green
2 sentences1986The court discussed some of the principles and historical treatment of the taking clause, citing Penn Central Transportation Co. v. City of New York, 438 U.S. 104 , 98 S.Ct. 2646 , 57 L.Ed.2d 631 (1978), and pointed out that there is no “set formula” to determine whether compensation is constitutionally mandated for government restriction of property. 1986The court discussed some of the principles and historical treatment of the taking clause, citing Penn Central Transportation Co. v. City of New York, 438 U.S. 104 , 98 S.Ct. 2646 , 57 L.Ed.2d 631 (1978), and pointed out that there is no “set formula” to determine whether compensation is constitutionally mandated for government restriction of property. | 1 | 1986–1986 |
Nelson v. Wilson
green
1 sentence1984In Nelson , 239 Minn, at 172, 58 N.W.2d at 335 , this court stated, “Whether occasional flooding is of such frequency, regularity, and permanency to constitute a taking and not merely a temporary invasion for which the landowner should be left only to a possible recovery of damages is a question of degree * * (Emphasis in original.) Permanent in this context refers to “a servitude of indefinite duration,” even if intermittent. | 1 | 1984–1984 |
Joannin v. Ogilvie
green
2 sentences1923With that conclusion properly derived from tbe facts by tbe jury, tbe law to be applied is that stated by Mr. Justice Mitchell in Joan-nin v. Ogilvie, 49 Minn. 564 , 52 N. W. 217 , 16 L. 1923With that conclusion properly derived from tbe facts by tbe jury, tbe law to be applied is that stated by Mr. Justice Mitchell in Joan-nin v. Ogilvie, 49 Minn. 564 , 52 N. W. 217 , 16 L. | 1 | 1923–1923 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.