Minnesota Statutes
Minn. Stat. § 586.09 (2026)
Judgment For Plaintiff; Appeal
✓ current as of May 2026
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A plaintiff who is given judgment, shall recover the damage sustained, together with costs and disbursements, and a peremptory mandamus shall be awarded without delay. An appeal from the district court shall lie to the court of appeals in mandamus as in other civil cases.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1953–2024 · leading case: Pigs R US, LLC v. Compton Twp., 770 N.W.2d 212 (Minn. Ct. App. 2009).
Pigs R US, LLC v. Compton Twp., 770 N.W.2d 212 (Minn. Ct. App. 2009). “The district court, pursuant to Minn. Stat. § 586.09 (2008), also awarded respondent “any damage sustained, together with costs and disbursements.”
Ullrich v. Newburg Twp. Bd., 648 N.W.2d 743 (Minn. Ct. App. 2002). “Minn.Stat. § 586.09 (2000) (emphasis added).”
Schiltz v. City of Duluth, 449 N.W.2d 439 (Minn. 1990). “It reasoned that a motion for a new trial is not required to preserve issues for appellate review in a special proceeding and then equated the motion with one to amend or vacate an appeal-able order; it ultimately concluded that such an order denying the motion was not…”
City of Thief River Falls v. United Fire & Cas. Co., 336 N.W.2d 274 (Minn. 1983). “Minn.Stat. § 586.09 (1982) permits a plaintiff who successfully petitions for a writ of mandamus also to recover the “damage” he sustained in procuring it.”
Winnetka Partners Ltd. P'ship v. Cnty. of Hennepin, 538 N.W.2d 912 (Minn. 1995). “Hennepin County next argues that, pursuant to Minn.Stat. § 586.09, the proper forum for appeal of a tax court order quashing an alternative writ of mandamus is the court of appeals, not the supreme court.”
In Re the Welfare of the Child of S.L.J., 772 N.W.2d 833 (Minn. Ct. App. 2009). “” Minn. Stat. § 586.09 (2008). A person who wishes to recover damages in connection with the issuance of a writ of mandamus must plead a request for that type of relief in the manner required by rule 8.”
City of Waite Park v. Minnesota Off. of Admin. Hearings, 758 N.W.2d 347 (Minn. Ct. App. 2008). “Initial pleadings OAH argues that the district court lacked jurisdiction because no claim for money damages was included in Heid and Herges’s initial pleadings. The mandamus statute provides that “[a] plaintiff who is given judgment [in a mandamus action], shall recover the…”
Fownes v. Hubbard Broad., Inc., 246 N.W.2d 700 (Minn. 1976). “This basic position was adhered to during oral argument before this court, wherein counsel for petitioners stated that the bad-faith exception to the usual rule regarding attorneys fees was being cited only for illustrative purposes, contending that the reasoning underlying the…”
State Ex Rel. Humphrey v. Baillon Co., 503 N.W.2d 799 (Minn. Ct. App. 1993). “” Similarly, Minn.Stat. § 586.09 (1988) provides for an appeal from the district court to the court of appeals “as in other civil cases.”
Nationwide Corp. v. Nw. Nat'l Life Ins., 87 N.W.2d 671 (Minn. 1958). “It is defendant’s contention (1) that damages in a mandamus proceeding may not be recovered unless pleaded and proved before entry of judgment; and (2) that the judgment could not be amended ex parte.”
State v. Anderson, 58 N.W.2d 257 (Minn. 1953). “Mandamus is a statutory proceeding and any judgment therein, pursuant to § 586.09, is appealable as in cwil actions.”
Tokvan Ly v. Jodi Harpstead, Minnesota Comm'r of Human Servs., 7 N.W.3d 560 (2024). “As relevant here, Ly sought: (1) relief in the form of a writ of mandamus compelling the Commissioner to immediately admit him to a state-operated treatment program; (2) damages pursuant to Minn. Stat. § 586.09 (2022); and (3) fines for neglect of duty in the maximum amount…”
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