Cited by
Opinions in Minnesota that cite Reserve Mining Co. v. Herbst, 256 N.W.2d 808.
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Myers v. City of Oakdale
461 N.W.2d 242
Minn. Ct. App. 1990
This court must “make an independent examination of an administrative agency’s record and decision and arrive at our own conclusions as to the propriety of that determination without according any special deference to the same review conducted by the trial court.”
- Dokmo v. Independent School District No. 11 459 N.W.2d 671 Minn. 1990
- In Re Northern States Power Company (Nsp) Wilmarth Industrial Solid Waste Incinerator Ash Storage Facility 459 N.W.2d 922 Minn. 1990
- In Re Northern States Power Company (Nsp) Wilmarth Industrial Solid Waste Incinerator Ash Storage Facility 459 N.W.2d 922 Minn. 1990
- Dokmo v. Independent School District No. 11 459 N.W.2d 671 Minn. 1990
- In Re Amendment No. 4 to Air Emission Facility Permit No. 202I-85-OT-1 454 N.W.2d 427 Minn. 1990
- In Re Amendment No. 4 to Air Emission Facility Permit No. 202I-85-OT-1 454 N.W.2d 427 Minn. 1990
- In re an Investigation of Unfair Election Practice Objections 451 N.W.2d 49 Minn. Ct. App. 1990
- In re an Investigation of Unfair Election Practice Objections 451 N.W.2d 49 Minn. Ct. App. 1990
- In re Amendment No. 4 to Air Emission Facility Permit No. 2021-85-OT-1 450 N.W.2d 617 Minn. Ct. App. 1990
- Matter of Medcenters Health Care, Inc. 450 N.W.2d 635 Minn. Ct. App. 1990
- Matter of Medcenters Health Care, Inc. 450 N.W.2d 635 Minn. Ct. App. 1990
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In re Amendment No. 4 to Air Emission Facility Permit No. 2021-85-OT-1
450 N.W.2d 617
Minn. Ct. App. 1990
(quoting Greater Boston Television Corp. v. Federal Communications Comm’n, 444 F.2d 841 , 851 (D.C.Cir.1970), cer t. denied 403 U.S. 923 , 91 S.Ct.
- Lakeland Tool & Engineering, Inc. v. Engle 450 N.W.2d 349 Minn. Ct. App. 1990
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Lakeland Tool & Engineering, Inc. v. Engle
450 N.W.2d 349
Minn. Ct. App. 1990
“Substantial evidence” is defined as: “1) such relevant evidence as a reasonable mind might accept as adequate to support a conclusion; 2) more than a scintilla of evidence; 3) more than some evidence; 4) more than any evidence; and 5) evidence considered in its entirety.”
- St. Paul Companies, Inc. v. Hatch 449 N.W.2d 130 Minn. 1989
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St. Paul Companies, Inc. v. Hatch
449 N.W.2d 130
Minn. 1989
this court stated: “[Djeference should be shown by courts to the agencies’ expertise and their special knowledge in the field of their technical training, education, and experience.” Id.
- Schoen v. County of St. Louis 448 N.W.2d 112 Minn. Ct. App. 1989
- Schoen v. County of St. Louis 448 N.W.2d 112 Minn. Ct. App. 1989
- In Re Sentry Insurance Payback Program Filing 447 N.W.2d 454 Minn. Ct. App. 1989
- In Re Sentry Insurance Payback Program Filing 447 N.W.2d 454 Minn. Ct. App. 1989
- In Re the Joint Petition of Space Center Transport 444 N.W.2d 575 Minn. Ct. App. 1989
- In Re the Joint Petition of Space Center Transport 444 N.W.2d 575 Minn. Ct. App. 1989
- In re the Registration of DiVall Insured Income Properties 2 Ltd. Partnership 445 N.W.2d 856 Minn. Ct. App. 1989
- In re the Registration of DiVall Insured Income Properties 2 Ltd. Partnership 445 N.W.2d 856 Minn. Ct. App. 1989
- Glencoe Area Health Center v. Minnesota Department of Human Services 441 N.W.2d 549 Minn. Ct. App. 1989
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Glencoe Area Health Center v. Minnesota Department of Human Services
441 N.W.2d 549
Minn. Ct. App. 1989
Further, an agency’s decision enjoys a “presumption of correctness.”
- In Re Occupational License of Hutchinson 440 N.W.2d 171 Minn. Ct. App. 1989
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In Re Occupational License of Hutchinson
440 N.W.2d 171
Minn. Ct. App. 1989
see also Sierra Club v. Marsh, 769 F.2d 868, 872 (1st Cir.1985).
- Rindahl v. St. Louis County Welfare Board 437 N.W.2d 686 Minn. Ct. App. 1989
- Rindahl v. St. Louis County Welfare Board 437 N.W.2d 686 Minn. Ct. App. 1989
- In Re the Real Estate Salesperson's License of Perron 437 N.W.2d 92 Minn. Ct. App. 1989
- In Re the Real Estate Salesperson's License of Perron 437 N.W.2d 92 Minn. Ct. App. 1989
- Contested Cases of St. Otto's Home v. Minnesota Department of Human Services 437 N.W.2d 35 Minn. 1989
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Contested Cases of St. Otto's Home v. Minnesota Department of Human Services
437 N.W.2d 35
Minn. 1989
An agency’s decision is accorded a “presumption of correctness.”
- Department of Human Services v. Muriel Humphrey Residences 436 N.W.2d 110 Minn. Ct. App. 1989
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Department of Human Services v. Muriel Humphrey Residences
436 N.W.2d 110
Minn. Ct. App. 1989
Substantial evidence means “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion * * *.”
- Henning v. Village of Prior Lake 435 N.W.2d 627 Minn. Ct. App. 1989
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Henning v. Village of Prior Lake
435 N.W.2d 627
Minn. Ct. App. 1989
We said, , (Minn.1977), “[I]t is our function to make an independent examination of an administrative agency’s record and decision and arrive at our own conclusions as to the propriety of that determination without according any special deference to the same review conducted by the trial court.” Id.
- M.T. Properties, Inc. v. Alexander 433 N.W.2d 886 Minn. Ct. App. 1988
- M.T. Properties, Inc. v. Alexander 433 N.W.2d 886 Minn. Ct. App. 1988
- Petition of Murphy Motor Freight Lines 428 N.W.2d 467 Minn. Ct. App. 1988
- Quast Transfer, Inc. v. Minnesota Transportation Regulation Board 428 N.W.2d 462 Minn. Ct. App. 1988
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Quast Transfer, Inc. v. Minnesota Transportation Regulation Board
428 N.W.2d 462
Minn. Ct. App. 1988
We presume those decisions are correct because of “the agencies’ expertise and their special knowledge in the field of their technical training, education, and experience.”
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Petition of Murphy Motor Freight Lines
428 N.W.2d 467
Minn. Ct. App. 1988
ANALYSIS Scope of Review First of all, we must presume the Board’s decision is correct and we are required to defer to “the agencies’ expertise and their special knowledge in the field of their technical training, education, and experience.”
- St. Otto's Home v. Department of Human Services 425 N.W.2d 252 Minn. Ct. App. 1988
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St. Otto's Home v. Department of Human Services
425 N.W.2d 252
Minn. Ct. App. 1988
The agency’s decision is accorded a “presumption of correctness.” (“deference should be shown by courts to the agencies’ expertise and their special knowledge in the field of their technical training, education, and experience”).
- In re the Occupational License of Haymes 427 N.W.2d 248 Minn. Ct. App. 1988
- In re the Occupational License of Haymes 427 N.W.2d 248 Minn. Ct. App. 1988
- Department of Human Rights Ex Rel. Cooper v. Spiten 424 N.W.2d 815 Minn. Ct. App. 1988