Minnesota Statutes
Minn. Stat. § 115.05 (2026)
Judicial Review
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§
Subd. 11.Judicial review.
Any person aggrieved by any final decision of the agency or of the commissioner may obtain judicial review thereof pursuant to sections 14.63 to 14.69 if the final decision is made pursuant to the agency's or the commissioner's authority under section 115A.914, this chapter, chapter 116, or the rules adopted thereunder, and if the decision is a final decision pertaining to:
(1) issuance, amendment, or denial of a permit, license, or certification;
(2) granting or denial of a variance;
(3) issuance of an administrative order, except for an administrative penalty order issued pursuant to section 116.072; or
(4) denial of a contested case hearing on any of the matters listed in clauses (1) to (3).
Notes of Decisions
Cited in 24
cases, 1939–2017 · leading case: Reserve Mining Co. v. Herbst, 256 N.W.2d 808 (Minn. 1977).
Reserve Mining Co. v. Herbst, 256 N.W.2d 808 (Minn. 1977). “1974, § 115.05, subd. 7, and as to DNR, Minn.St.”
Reserve Mining Co. v. Minnesota Pollution Control Agency, 200 N.W.2d 142 (Minn. 1972). “However, in determining whether Reserve’s appeal was timely, we must further consider the provisions of § 115.05, subd. 3, quoted above. The 30-day appeal period prescribed therein commences only after an affected party, such as Reserve, has received a copy of the order or after…”
Matter of Hibbing Taconite Co., 431 N.W.2d 885 (Minn. Ct. App. 1988). “Did the MPCA engage in improper rulemaking by creating a general policy statement without prior notice or comment periods as required by Minnesota Statutes? ANALYSIS Standard and Scope of Review The relators’ appeals are brought pursuant to Minn.Stat. § 115.05, subd. 11 (1986)…”
Reserve Mining Co. v. Minnesota Pollution Control Agency, 364 N.W.2d 411 (Minn. Ct. App. 1985). “Scope of Review This appeal is brought pursuant to Minn. Stat. § 115.05 , subd. 11 (1982), which provides: *414 Any person aggrieved by any final decision for which judicial review is not provided in chapter 14 may obtain judicial review thereof pursuant to sections 14.”
State, by Pollution Control Agcy. v. Us Steel, 240 N.W.2d 316 (Minn. 1976). “ch provides in pertinent part: “The [PCA] is hereby given and charged with the following powers and duties: * ** * * * “(e) To * * * issue * * * or enforce reasonable orders * * * under such conditions as it may prescribe, in order to prevent, control or abate water pollution *…”
Coalition of Greater Minnesota Cities v. Minnesota Pollution Control Agency, 765 N.W.2d 159 (Minn. Ct. App. 2009). “6-8 (2008), and, if necessary, petitioning for certiorari review by this court, Minn.Stat. § 115.05, subd. 11 (2008); see Minn.”
State v. Rivers, 287 N.W. 790 (Minn. 1939). “Section 115.05 of the Wisconsin Statutes, 1935, provides: “'No person, company or corporation shall, directly or indirectly, take or receive in money * * " any greater sum * * * for the loan or forbearance of money * * than at the rate of ten dollars upon one hundred dollars for…”
In Re Request for Issuance of the SDS Gen. Permit MNG300000, 769 N.W.2d 312 (Minn. Ct. App. 2009). “Minn.Stat. § 115.05, subd. 11 (2008); Minn.”
In re the Decision on the Approval for Submittal of a 401 Water Quality Certification, 822 N.W.2d 676 (Minn. Ct. App. 2012). “See Minn.Stat. § 115.05, subd. 11 (2010). Relators moved to expedite the appeal to avoid dismissal on mootness grounds, noting that the EPA is expected to take final action on the 2013 VGP by not later than November 30, 2012.”
Amdahl v. Cnty. of Fillmore, 258 N.W.2d 869 (Minn. 1977). “The legislature may not constitutionally delegate to the judiciary duties which are essentially administrative in character. We have consistently viewed with disfavor statutes which specify trials de novo and which attempt to confer original jurisdiction on trial courts over…”
Reserve Mining Co. v. Minnesota Pollution Control Agency, 267 N.W.2d 720 (Minn. 1978). “1974, § 115.05, subd. 7. No authority for such an order under the statutes which here apply has been called to our attention.”
In Re Amendment No. 4 to Air Emission Facility Permit No. 202I-85-OT-1, 454 N.W.2d 427 (Minn. 1990). “obtained a writ of certiorari pursuant to Minn.Stat. § 115.05, subd. 11 (1988) to review the decision and the court of appeals reversed and remanded for a contested case hearing, concluding that such a hearing would aid the agency in making its final permit determination.”
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