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Opinions in Minnesota that cite McShane v. City of Faribault, 292 N.W.2d 253.

74 citing documents.

Brad Hammerberg, as Trustee for the Leonard J. and Margaret T. Schubert Irrevocable Trust dated June 23, 2005, … Minn. Ct. App. 2022
By way of example, the supreme court has concluded that exhaustion would be futile when a city ’s administrative process cannot provide any of the relief requested by a challenger , see McShane v. City of Faribault , , abrogated on other grounds by DeCook v. Rochester Int’l Airport Joint Zoning Bd.
Mark R. Zweber, Appellant, Minn. Ct. App. 2019
DeCook, d at 306; d 253, 257-58 (Minn. 1980); Concept Props., LLP v. City of Minnetrista , -23 (Minn. App. 2005), review denied (Min.
Aim Dev. (Usa), LLC v. City of Sartell 925 N.W.2d 255 Minn. Ct. App. 2019
Aim Dev. (Usa), LLC v. City of Sartell 925 N.W.2d 255 Minn. Ct. App. 2019
McShane v. City of Faribault , , 257 (Minn. 1980) (citing Euclid v. Ambler Realty Co ., 272 U.S. 365 , 47 S.Ct.
Andrew Ellis, Appellant, Minn. Ct. App. 2018
Meriwether Minnesota Land & Timber, LLC v. State 818 N.W.2d 557 Minn. Ct. App. 2012
Meriwether Minnesota Land & Timber, LLC v. State 818 N.W.2d 557 Minn. Ct. App. 2012
Airport Joint Zoning Bd.
DeCook v. Rochester International Airport Joint Zoning Board 811 N.W.2d 610 Minn. 2012
DeCook v. Rochester International Airport Joint Zoning Board 811 N.W.2d 610 Minn. 2012
and under McShane , attorney fees are not available under Minn.Stat.
DeCook v. Rochester International Airport Joint Zoning Board 796 N.W.2d 299 Minn. 2011
DeCook v. Rochester International Airport Joint Zoning Board 796 N.W.2d 299 Minn. 2011
The DeCook complaint alleged that Ordinance No. 4 was “designed to specifically benefit a public or governmental enterprise,” caused “a substantial and measurable decline” in the market value of the DeCooks’ property, and constituted “a constitutional compensable taking under the principles of McShane v. City of Fari bault,” -59 (Minn.1980).
Interstate Companies v. City of Bloomington 790 N.W.2d 409 Minn. Ct. App. 2010
Interstate Companies v. City of Bloomington 790 N.W.2d 409 Minn. Ct. App. 2010
Wensmann Realty, Inc. v. City of Eagan 734 N.W.2d 623 Minn. 2007
Wensmann Realty, Inc. v. City of Eagan 734 N.W.2d 623 Minn. 2007
In McShane v. City of Faribault, we observed that “not all zoning regulations are comparable.”
Uckun v. Minnesota State Board of Medical Practice 733 N.W.2d 778 Minn. Ct. App. 2007
Uckun v. Minnesota State Board of Medical Practice 733 N.W.2d 778 Minn. Ct. App. 2007
But “administrative remedies need not be pursued if it would be futile to do so.” see also Local No. 1215, d at 51 (stating that “[t]he doctrine of exhaustion of administrative remedies is not applicable where it would be futile to seek such redress”).
Mendota Golf, LLP v. City of Mendota Heights 708 N.W.2d 162 Minn. 2006
Concept Properties, LLP v. City of Minnetrista 694 N.W.2d 804 Minn. Ct. App. 2005
Concept Properties, LLP v. City of Minnetrista 694 N.W.2d 804 Minn. Ct. App. 2005
Northwest Airlines, Inc. v. Metropolitan Airports Commission 672 N.W.2d 379 Minn. Ct. App. 2003
Northwest Airlines, Inc. v. Metropolitan Airports Commission 672 N.W.2d 379 Minn. Ct. App. 2003
Zaluckyj v. Rice Creek Watershed District 639 N.W.2d 70 Minn. Ct. App. 2002
Zaluckyj v. Rice Creek Watershed District 639 N.W.2d 70 Minn. Ct. App. 2002
Altenburg v. Board of Supervisors 615 N.W.2d 874 Minn. Ct. App. 2000
Altenburg v. Board of Supervisors 615 N.W.2d 874 Minn. Ct. App. 2000
Opus Northwest, L.L.C. v. Minneapolis Community Development Agency 599 N.W.2d 582 Minn. Ct. App. 1999
Opus Northwest, L.L.C. v. Minneapolis Community Development Agency 599 N.W.2d 582 Minn. Ct. App. 1999
Board Order, Kells v. City of Rochester 597 N.W.2d 332 Minn. Ct. App. 1999
Board Order, Kells v. City of Rochester 597 N.W.2d 332 Minn. Ct. App. 1999
(“We have consistently held that administrative remedies need not be pursued if it would be futile to do so.” (citation omitted)).
Arcadia Development Corp. v. City of Bloomington 552 N.W.2d 281 Minn. Ct. App. 1996
Arcadia Development Corp. v. City of Bloomington 552 N.W.2d 281 Minn. Ct. App. 1996
When land-use regulations are designed to benefit a specific “governmental enterprise,” a compensable taking occurs if the property “has suffered a substantial and measurable decline in market value as a result of the regulations.” -59 (Minn. *288 1980) (footnote omitted).
McLeod County Board of Commissioners v. State, Department of Natural Resources 549 N.W.2d 630 Minn. Ct. App. 1996
McLeod County Board of Commissioners v. State, Department of Natural Resources 549 N.W.2d 630 Minn. Ct. App. 1996
Minnesota courts, however, have “consistently held that administrative remedies need not be pursued if it would be futile to do so.”
Hunkins v. City of Minneapolis 508 N.W.2d 542 Minn. Ct. App. 1993
Hunkins v. City of Minneapolis 508 N.W.2d 542 Minn. Ct. App. 1993
As authority for this defense, Hunkins cites the Minnesota Supreme Court’s holding that “administrative remedies need not be pursued if it would be futile to do so.”
Waste Recovery Cooperative of Minnesota v. County of Hennepin 504 N.W.2d 220 Minn. Ct. App. 1993
Waste Recovery Cooperative of Minnesota v. County of Hennepin 504 N.W.2d 220 Minn. Ct. App. 1993
Counties of Blue Earth v. Minnesota Department of Labor & Industry 489 N.W.2d 265 Minn. Ct. App. 1992
Counties of Blue Earth v. Minnesota Department of Labor & Industry 489 N.W.2d 265 Minn. Ct. App. 1992
Thompson v. City of Red Wing 455 N.W.2d 512 Minn. Ct. App. 1990
Thompson v. City of Red Wing 455 N.W.2d 512 Minn. Ct. App. 1990
(zoning regulation, which burdened private land underneath flyway of municipal airport, adopted to benefit governmental enterprise; therefore, standard employed was whether substantial diminution in market value occurred).
Snyder v. City of Minneapolis 441 N.W.2d 781 Minn. 1989
Snyder v. City of Minneapolis 441 N.W.2d 781 Minn. 1989
Hay v. City of Andover 436 N.W.2d 800 Minn. Ct. App. 1989
Hay v. City of Andover 436 N.W.2d 800 Minn. Ct. App. 1989
Parranto Bros., Inc. v. City of New Brighton 425 N.W.2d 585 Minn. Ct. App. 1988
Parranto Bros., Inc. v. City of New Brighton 425 N.W.2d 585 Minn. Ct. App. 1988
City of St. Paul v. Carlone 419 N.W.2d 129 Minn. Ct. App. 1988
City of St. Paul v. Carlone 419 N.W.2d 129 Minn. Ct. App. 1988
(Use of police power resulting in the regulation of land use is not a compensible taking unless it deprives the property owner of all reasonable uses).

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