Cited by

Opinions in Minnesota that cite Nolan and Nolan v. City of Eagan, 673 N.W.2d 487.

22 citing documents.

Shane Feldhaus v. City of Minnetonka Minn. Ct. App. 2024
Shane Feldhaus v. City of Minnetonka Minn. Ct. App. 2024
“A district court reviewing a petition for a writ of mandamus must decide whether a taking of property has occurred in the constitutional sense.” Nolan & rev. denied (Minn. Mar.
Jon Huseth, et al., d/b/a Clay View Dairy, LLP, Appellants, Minn. Ct. App. 2024
“The two-year limitations period under Minn. Stat. § 541.051 begins to run when 14 an actionable injury is discovered, or with due diligence, should have been discovered, regardless of whether the precise nature of the defect causing the injury is known.” Nolan & (quotation omitted), rev. denied (Minn. Mar.
Wells Fargo Bank, N. A., Plaintiff, Minn. Ct. App. 2023
Claims for inverse condemnation must be brought through an action in mandamus.5 Nolan & rev. denied (Minn. Mar.
In re Qwest Corp. 918 N.W.2d 578 Minn. Ct. App. 2018
In re Qwest Corp. 918 N.W.2d 578 Minn. Ct. App. 2018
3164 , 3168, 73 L.Ed.2d 868 (1982) (holding that permanent physical occupation of property authorized by government is a taking); see also Nolan & Nolan v. City of Eagan , , 492 (Minn. App. 2003) ("The Minnesota Constitution requires the government to compensate a property owner when it takes the owner's property."), review denied (Minn. Mar.
American Family Insurance, et al., Appellants, Minn. Ct. App. 2018
is a question of degree, and each case must stand on its own peculiar facts.” Nelson v. Wilson, 239 Minn. 164, 172, see also Nolan and Nolan v. City of Eagan , ( observing that intermittent flooding does not constitute a “taking”), review denied (Minn. Mar.
Glen M. Palecek, et al., Appellants, Minn. Ct. App. 2018
Nolan & Nolan v. City of Eagan , review denied (Minn. Mar.
RK Midway, LLC v. Metropolitan Council Minn. Ct. App. 2017
RK Midway, LLC v. Metropolitan Council Minn. Ct. App. 2017
“Actions for inverse condemnation must be brought to the court through an action in mandamus.” Nolan & review denied (Minn. Mar.
Kjellbergs, Inc. v. State of Minnesota, by its Commissioner of Transportation Minn. Ct. App. 2016
Kjellbergs, Inc. v. State of Minnesota, by its Commissioner of Transportation Minn. Ct. App. 2016
Nolan & review denied (Minn. Mar.
Carol Quinn v. William G. Johnson Minn. Ct. App. 2015
Carol Quinn v. William G. Johnson Minn. Ct. App. 2015
Relying on Nolan & the district court concluded that Minn. Stat. § 541.051, subd.
Doug Blaine v. City of Sartell, County of Stearns 865 N.W.2d 723 Minn. Ct. App. 2015
Doug Blaine v. City of Sartell, County of Stearns 865 N.W.2d 723 Minn. Ct. App. 2015
(“Utilities and similar installations have generally been considered real property improvements in Minnesota.”); Nolan & (concluding that “storm sewer system is an improvement to real property as contemplated by Minn. Stat. § 541.051”), review denied (Minn. Mar.
Nelson v. Short-Elliot-Hendrickson, Inc. 716 N.W.2d 394 Minn. Ct. App. 2006
Distinguished Nelson v. Short-Elliot-Hendrickson, Inc. 716 N.W.2d 394 Minn. Ct. App. 2006
Paul, review denied (Minn. Mar.
Breza v. City of Minnetrista 706 N.W.2d 512 Minn. Ct. App. 2005
Breza v. City of Minnetrista 706 N.W.2d 512 Minn. Ct. App. 2005
‘When the district court’s decision on a petition for a writ of mandamus is based solely on a legal determination, this court reviews that decision de novo.” Nolan & review denied (Minn. Mar.
State Farm Fire & Casualty v. Aquila Inc. 697 N.W.2d 636 Minn. Ct. App. 2005
State Farm Fire & Casualty v. Aquila Inc. 697 N.W.2d 636 Minn. Ct. App. 2005
See Nolan & (holding that a storm sewer system is an improvement to real property), review denied (Minn. Mar.