Cited by
Opinions in Minnesota that cite Reserve Mining Co. v. Herbst, 256 N.W.2d 808.
- In the Matter of the Appeal by Woodson Institute for Excellence Charter School. Minn. Ct. App. 2018
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In the Matter of Julitta Adu-Gyamfi, R.N., L.P.N., R.N. License No. 184096-8, L.P.N. License No. 58788-2.
Minn. Ct. App. 2018
D E C I S I O N “[D]ecisions of administrative agencies enjoy a presumption of correctness, and deference should be shown by courts to the agencies’ expertise and their special knowledge in the field[s] of their technical training, education, and experience.”
- In the Matter of the Determination of the Need for an Environmental Impact Statement for the Lower Pool … Minn. Ct. App. 2018
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In re Big Stone County Request for Review of Public Watercourse - Section 13, T 123 N, 46W, …
Minn. Ct. App. 2018
ANALYSIS I. Standard of Review “[D]ecisions of administrative agencies enjoy a presumption of correctness, and deference should be shown by courts to the agencies’ expertise and their special knowledge in the field[s] of their technical training, education, and experience.”
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In the Matter of a Petition for Decertification of an Exclusive Representative for Certain Employees of the State …
Minn. Ct. App. 2018
Reserve Mining Co. v. Herbst
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In the Matter of the Appeal by Kind Heart Daycare, Inc. of the Order of License Revocation and …
Minn. 2017
Reserve Mining Co. v. Herbst
- Appeal of Krenik 903 N.W.2d 224 Minn. 2017
- Appeal of Krenik 903 N.W.2d 224 Minn. 2017
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In the Matter of the Appeal of the Determination of the Responsible Authority for the South Washington County …
Minn. Ct. App. 2017
t he commissioner defined “substantial evidence” as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion .” The commissioner also cited Reserve Mining Co. v. Herbst , and Hennepin Cty.
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Robert Atkinson, Appellant,
Minn. Ct. App. 2017
Reserve Mining Co. v. Herbst
- Minnesota Center for Environmental Advocacy, Relator v. City of Winsted, Minnesota Pollution Control Agency 890 N.W.2d 153 Minn. Ct. App. 2017
- Minnesota Center for Environmental Advocacy, Relator v. City of Winsted, Minnesota Pollution Control Agency 890 N.W.2d 153 Minn. Ct. App. 2017
- In the Matter of the Expulsion of A.D. From United South Central Public Schools No. 2134 883 N.W.2d 251 Minn. 2016
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In the Matter of the Expulsion of A.D. From United South Central Public Schools No. 2134
883 N.W.2d 251
Minn. 2016
v. Nor-West Cable Commc’ns P’ship, (d 808, 825 (Minn. 1977)).
- In the Matter of the Findings of Maltreatment and Disqualification of R. M. M. v. State of Minnesota, … Minn. Ct. App. 2016
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In the Matter of the Findings of Maltreatment and Disqualification of R. M. M. v. State of Minnesota, …
Minn. Ct. App. 2016
“[T]he burden is upon the appellant to establish that the findings of the agency are not supported by the evidence in the record, considered in its entirety.” ().
- In the Matter of the Appeal by Tami L. Kreuzer of the Maltreatment Determination and Order to Forfeit … Minn. Ct. App. 2015
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In the Matter of the Appeal by Tami L. Kreuzer of the Maltreatment Determination and Order to Forfeit …
Minn. Ct. App. 2015
“[D]ecisions of administrative agencies enjoy a presumption of correctness, and deference should be shown by courts to the agencies’ expertise and their special knowledge in the field of their technical training, education, and experience.”
- Ken Peterson, Commissioner, Minnesota Department of Labor and Industry v. United Parcel Service, Inc., Relator. Minn. Ct. App. 2015
- Ken Peterson, Commissioner, Minnesota Department of Labor and Industry v. United Parcel Service, Inc., Relator. Minn. Ct. App. 2015
- In re Application of Gourley Brothers, LLC for a Water Appropriation Permit. Minn. Ct. App. 2015
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In re Application of Gourley Brothers, LLC for a Water Appropriation Permit.
Minn. Ct. App. 2015
DECISION “[D]ecisions of administrative agencies enjoy a presumption of correctness, and deference should be shown by courts to the agencies’ expertise and their special knowledge in the field[s] of their technical training, education, and experience.”
- In the Matter of REICHMANN LAND AND CATTLE, LLP 867 N.W.2d 502 Minn. 2015
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In the Matter of REICHMANN LAND AND CATTLE, LLP
867 N.W.2d 502
Minn. 2015
We may reverse or modify the decision of an administrative proceeding, however, if the findings, inferences, or conclusions are arbitrary or capricious, or are “unsupported by substantial evidence in view of the entire record as submitted.” Minn. Stat. § 14.69(e)-(f) (2014); (holding the agency decision must be “lawful and reasonable”).
- United States Steel Corporation, Relator v. Minnesota Pollution Control Agency Minn. Ct. App. 2015
- George Marita Obara, Relator v. Commissioner of Human Services Minn. Ct. App. 2015
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George Marita Obara, Relator v. Commissioner of Human Services
Minn. Ct. App. 2015
Substantial evidence means: “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.”
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United States Steel Corporation, Relator v. Minnesota Pollution Control Agency
Minn. Ct. App. 2015
d 808, 824-25 (Minn. 1977).
- In the Matter of Xcel's Request to Issue Renewable Development Fund Cycle 4 Requests for Proposals and Petition … Minn. Ct. App. 2015
- In the Matter of Xcel's Request to Issue Renewable Development Fund Cycle 4 Requests for Proposals and Petition … Minn. Ct. App. 2015
- In the Matter of the Petition of Xcel Energy for Approval of the Acquisition of 600 MW of … Minn. Ct. App. 2015
- In the Matter of the Petition of Xcel Energy for Approval of the Acquisition of 600 MW of … Minn. Ct. App. 2015
- Goerke Family Partnership, Donald Shelstad v. Lac qui Parle-Yellow Bank Watershed District, William Croatt 857 N.W.2d 50 Minn. Ct. App. 2014
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Goerke Family Partnership, Donald Shelstad v. Lac qui Parle-Yellow Bank Watershed District, William Croatt
857 N.W.2d 50
Minn. Ct. App. 2014
City of Arden Hills, the supreme court explained an appellate court’s scope of review in zoning matters as follows: Although earlier decisions may have left some doubt with regard to the appropriate scope of review in such cases, no doubt can remain in the wake of this court’s d 808, 822 (Minn. 1977).
- In the Matter of the Licensing Order Issued to Avalon Homes, Inc., and Mitchell Ammerman, individually. Minn. Ct. App. 2014
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In the Matter of the Licensing Order Issued to Avalon Homes, Inc., and Mitchell Ammerman, individually.
Minn. Ct. App. 2014
When reviewing an agency decision, appellate courts will “adhere to the fundamental concept that decisions of administrative agencies enjoy a presumption of correctness, and deference should be shown by courts to the agencies’ expertise and their special knowledge in the field of their technical training, education, and experience.”
- Angie Rachel Ford, Relator v. Commissioner of Human Services Minn. Ct. App. 2014
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Angie Rachel Ford, Relator v. Commissioner of Human Services
Minn. Ct. App. 2014
But we also recognize the “need for exercising judicial restraint and for restricting judicial functions to a narrow area of responsibility lest [the court] substitute its judgment for that of the agency.”
- In re Application of Gourley Brothers, LLC for a Water Appropriation Permit. Minn. Ct. App. 2014
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In re Application of Gourley Brothers, LLC for a Water Appropriation Permit.
Minn. Ct. App. 2014
“[D]ecisions of administrative agencies enjoy a presumption of correctness, and 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 Reichmann Land & Cattle, LLP 847 N.W.2d 42 Minn. Ct. App. 2014
- In re Reichmann Land & Cattle, LLP 847 N.W.2d 42 Minn. Ct. App. 2014
- In re Minnesota Power for Authority to Increase Rates for Electric Service in Minnesota 838 N.W.2d 747 Minn. 2013
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In re Minnesota Power for Authority to Increase Rates for Electric Service in Minnesota
838 N.W.2d 747
Minn. 2013
We have recognized that decisions of administrative agencies “enjoy a presumption of correctness, and 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 Decision on the Approval for Submittal of a 401 Water Quality Certification 822 N.W.2d 676 Minn. Ct. App. 2012
- In re the Decision on the Approval for Submittal of a 401 Water Quality Certification 822 N.W.2d 676 Minn. Ct. App. 2012
- County of Washington v. City of Oak Park Heights 802 N.W.2d 767 Minn. Ct. App. 2011
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County of Washington v. City of Oak Park Heights
802 N.W.2d 767
Minn. Ct. App. 2011
No. 646, 300 Minn. 478, 478 , (stating that courts cannot exercise original jurisdiction over “policy matters which are the responsibility of the legislative and executive branches”).
- In Re Request for Issuance of the SDS General Permit MNG300000 769 N.W.2d 312 Minn. Ct. App. 2009
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In Re Request for Issuance of the SDS General Permit MNG300000
769 N.W.2d 312
Minn. Ct. App. 2009
“[Decisions of administrative agencies enjoy a presumption of correctness, and deference should be shown by courts to the agencies’ expertise and their special knowledge in the field of their technical training, education, and experience.”