Minnesota Statutes
Minn. Stat. § 116B.12 (2026)
Rights And Remedies Nonexclusive
✓ current as of May 2026
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No existing civil or criminal remedy for any wrongful action shall be excluded or impaired by sections 116B.01 to 116B.13. The rights and remedies provided herein shall be in addition to any administrative, regulatory, statutory, or common law rights and remedies now or hereafter available.
Notes of Decisions
Cited in 7
cases, 1991–2019 · leading case: State Ex Rel. Swan Lake Area Wildlife Ass'n v. Nicollet Cnty. Bd. of Cnty. Commissioners, 711 N.W.2d 522 (Minn. Ct. App. 2006).
State Ex Rel. Swan Lake Area Wildlife Ass'n v. Nicollet Cnty. Bd. of Cnty. Commissioners, 711 N.W.2d 522 (Minn. Ct. App. 2006). “” Minn.Stat. § 116B.12 (2002). Appellant argues that the availability of alternative administrative processes, specifically the drainage procedures laid out in Minn.”
State ex rel. Swan Lake Area Wildlife Ass'n v. Nicollet Cnty. Bd. of Cnty. Commissioners, 799 N.W.2d 619 (Minn. Ct. App. 2011). “The district court summarized Swan Lake I by quoting the opinion’s holding: “In light of the broad language of Minn. Stat. § 116B.12, we conclude that the district court has subject matter jurisdiction over [the association’s] MERA claim regardless of the administrative…”
State Ex Rel. Fort Snelling State Park Ass'n v. Minneapolis Park & Rec. Bd., 673 N.W.2d 169 (Minn. Ct. App. 2003). “” Minn.Stat. § 116B.12 (2002). Furthermore, there is no basis for estoppel of claims or issues because the administrative proceedings did not involve hearings or agencies acting in judicial or quasi-judicial capacities.”
State Ex Rel. Swan Lake Area Wildlife Ass'n v. Nicollet Cnty. Bd. of Cnty. Commissioners, 771 N.W.2d 529 (Minn. Ct. App. 2009). “” Minn.Stat. § 116B.12 (2008). Under the plain language of MERA, a district court may exercise jurisdiction over the DNR whether or not it has been granted specific authority to set the water levels of lakes.”
Zander v. State, 703 N.W.2d 845 (Minn. Ct. App. 2005). “First, BWSR’s decision approving the wetland-replacement plan, affirmed by this court, was an administrative process in which BWSR was acting in a quasi-judicial capacity.”
Krmpotich v. City of Duluth, 474 N.W.2d 392 (Minn. Ct. App. 1991). “See Minn. Stat. § 116B.12 (1988) (MERA remedies are in addition to other existing remedies).”
White Bear Lake Restoration Ass'n ex rel. State v. Minn. Dep't of Nat. Res., 928 N.W.2d 351 (2019). “We concluded that, under Minn. Stat. § 116B.12, the district court had subject-matter jurisdiction over the MERA claim, regardless of the administrative processes and remedies available under the drainage code provisions.”
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