Cited by
Opinions in Minnesota that cite Sterling Investment, Inc. v. State, Department of Commerce, Securities Division, 278 N.W.2d 75.
- In the Matter of the Licensing Order Issued to North Sierra Construction, LLC, and Louis Dee Sierra Minn. Ct. App. 2026
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In the Matter of the Licensing Order Issued to North Sierra Construction, LLC, and Louis Dee Sierra
Minn. Ct. App. 2026
12 of discretionary power, In re Real Est. Salesperson’s License of Haugen, n.10 (Minn. 1979), and reviewing courts will not reverse them absent a clear abuse of discretion, In re Distrib.
- Complaint Decision File 23-010C on behalf of D.V.G. from South Washington County Schools 0833-01. Minn. Ct. App. 2024
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In the Matter of Shah & Company, Ltd, Firm Permit No. 01282, Ramanik Shah, CPA Certificate No. 09193, …
Minn. Ct. App. 2021
t Court Order in assessing the disciplinary action against Relator?” and (2) “Did the [board] not take into consideration the definitions of client records and work product provided in the AICPA code of professional conduct?” But, “the assessment of penalties and sanctions by an administrative agency is not a factual finding but the exercise of a discretionary grant of power.” n.10 8 (Minn. 1979).
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In the Matter of Alan Joshua Woggon, D.C. License No. 6076.
Minn. Ct. App. 2020
See, -81 (Minn. 1979) (finding abuse of discretion when the “drastic sanction” of revocation of real estate broker’s license was “completely uncalled for, based on the evidence,” which consisted of a broker, upon advice of counsel and in good faith, depositing earnest money into a trust account); Burke, d a
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In the Matter of Sharon Beth Johnson, APRN-CNP, RN RN License No. 197878-8 APRN License No. 3516.
Minn. Ct. App. 2018
But “the assessment of penalties and sanctions by an administrative 10 agency is not a factual finding but the exercise of a discretionary grant of power.” n.10 (Minn. 1979).
- In the Matter of the License of Jeffrey L. Olson, Psy.D., L.P., License No. LP4532. Minn. Ct. App. 2016
- In the Matter of the License of Jeffrey L. Olson, Psy.D., L.P., License No. LP4532. Minn. Ct. App. 2016
- Duluth Landfill Superior LLC v. Minnesota Pollution Control Agency Minn. Ct. App. 2016
- Duluth Landfill Superior LLC v. Minnesota Pollution Control Agency Minn. Ct. App. 2016
- In the Matter of Kayvon Behnam, D. C., License No. 3644. Minn. Ct. App. 2016
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In the Matter of Kayvon Behnam, D. C., License No. 3644.
Minn. Ct. App. 2016
See, e.g., Burke, d at 728 (reversing and remanding for reconsideration of a lesser sanction when commissioner’s decision revoking child-care license was not supported by the record and did not reflect consideration of proper statutory or regulatory factors); (reversing overly severe sanction of revocation of real estate brokers’ licenses when the sanctions were “completely uncalled for, based upon the evidence”); In re Ins.
- In the Matter of the Medical License of S. Fred Everett, M.D., Year of Birth: 1935, License Number: … Minn. Ct. App. 2016
- In the Matter of the Medical License of S. Fred Everett, M.D., Year of Birth: 1935, License Number: … Minn. Ct. App. 2016
- Victor Legatt v. Dennis Legatt Minn. Ct. App. 2015
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Victor Legatt v. Dennis Legatt
Minn. Ct. App. 2015
Anticipatory breach occurs when there is “an unconditional repudiation of a contract, either by words or acts, which is communicated to the other party prior to the time fixed by the contract for his performance.” n.6 (Minn. 1979).
- In the Matter of the License of Blaine Myles MacDonald, D.C. License No. 3343. Minn. Ct. App. 2014
- In the Matter of the License of Blaine Myles MacDonald, D.C. License No. 3343. Minn. Ct. App. 2014
- State Ex Rel. Friends of the Riverfront v. City of Minneapolis 751 N.W.2d 586 Minn. Ct. App. 2008
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State Ex Rel. Friends of the Riverfront v. City of Minneapolis
751 N.W.2d 586
Minn. Ct. App. 2008
It is “an unconditional repudiation of a contract, either by words or acts, which is communicated to the other party prior to the time fixed by the contract for his performance.” , 79 n. 6 (Minn.1979).
- In Re Commission Investigation of Issues Governed by Minnesota Statutes, Section 216a.036 724 N.W.2d 743 Minn. Ct. App. 2006
- In Re Commission Investigation of Issues Governed by Minnesota Statutes, Section 216a.036 724 N.W.2d 743 Minn. Ct. App. 2006
- Dyrdal v. Golden Nuggets, Inc. 689 N.W.2d 779 Minn. 2004
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Dyrdal v. Golden Nuggets, Inc.
689 N.W.2d 779
Minn. 2004
In passing, we note that anticipatory breach is the “unconditional repudiation of a contract, either by words or acts, which is communicated to the other party prior to the time fixed for his performance^]” , 79 n. 6 (Minn.1979).
- In Re Qwest's Wholesale Service Quality Standards 678 N.W.2d 58 Minn. Ct. App. 2004
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In Re Qwest's Wholesale Service Quality Standards
678 N.W.2d 58
Minn. Ct. App. 2004
The Penalty Payments “[T]he assessment of penalties and sanctions by an administrative agency is not a factual finding but the exercise of a discretionary grant of power.” , 80 n. 10 (Minn.1979).
- In the Matter of Revocation of the Family Child Care License of Gail Burke 666 N.W.2d 724 Minn. Ct. App. 2003
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In the Matter of Revocation of the Family Child Care License of Gail Burke
666 N.W.2d 724
Minn. Ct. App. 2003
( , 80 n. 10 (Minn.1979)), review denied (Minn. Sept.
- In re the Insurance Agent License of Casey 543 N.W.2d 96 Minn. 1996
- In Re the Insurance Agent License of Thomas Casey, Sr., P.A. 540 N.W.2d 854 Minn. Ct. App. 1996
- In re the Insurance Agent License of Casey 543 N.W.2d 96 Minn. 1996
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In Re the Insurance Agent License of Thomas Casey, Sr., P.A.
540 N.W.2d 854
Minn. Ct. App. 1996
80 n. 10, 81 (Minn.1979).
- In Re Henry Youth Hockey Ass'n, License No. 02795 511 N.W.2d 452 Minn. Ct. App. 1994
- In Re Henry Youth Hockey Ass'n, License No. 02795 511 N.W.2d 452 Minn. Ct. App. 1994
- In Re the Insurance Agents' Licenses of Kane 473 N.W.2d 869 Minn. Ct. App. 1991
- In Re the Insurance Agents' Licenses of Kane 473 N.W.2d 869 Minn. Ct. App. 1991
- In Re the Distributor's License of Minnesota Tipboard Co. 453 N.W.2d 567 Minn. Ct. App. 1990
- In Re the Distributor's License of Minnesota Tipboard Co. 453 N.W.2d 567 Minn. Ct. App. 1990
- In Re Determining the Natural Ordinary High Water Level of Lake Pulaski 384 N.W.2d 510 Minn. Ct. App. 1986
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In Re Determining the Natural Ordinary High Water Level of Lake Pulaski
384 N.W.2d 510
Minn. Ct. App. 1986
-80 (Minn.1979); Yellowbird, Inc. v. MSP Express, Inc.
- Padilla v. Minnesota State Board of Medical Examiners 382 N.W.2d 876 Minn. Ct. App. 1986
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Padilla v. Minnesota State Board of Medical Examiners
382 N.W.2d 876
Minn. Ct. App. 1986
Furthermore, the court has stated that “the assessment of penalties and sanctions by an administrative agency is not a factual finding but the exercise of a discretionary grant of power.” , 80 n. 10 (Minn.1979).
- Proetz v. Minnesota Board of Chiropractic Examiners 382 N.W.2d 527 Minn. Ct. App. 1986
- Proetz v. Minnesota Board of Chiropractic Examiners 382 N.W.2d 527 Minn. Ct. App. 1986
- Century 21-Birdsell Realty, Inc. v. Hiebel 379 N.W.2d 201 Minn. Ct. App. 1985
- Century 21-Birdsell Realty, Inc. v. Hiebel 379 N.W.2d 201 Minn. Ct. App. 1985
- Yellowbird, Inc. v. MSP Express, Inc. 377 N.W.2d 490 Minn. Ct. App. 1985
- Yellowbird, Inc. v. MSP Express, Inc. 377 N.W.2d 490 Minn. Ct. App. 1985
- Matter of Schultz, Etc. 375 N.W.2d 509 Minn. Ct. App. 1985
- Matter of Schultz, Etc. 375 N.W.2d 509 Minn. Ct. App. 1985