Cited by
Opinions in Minnesota that cite Breza v. City of Minnetrista, 725 N.W.2d 106.
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Lake West Development LLC v. City of Wayzata
Minn. Ct. App. 2026
To be entitled to mandamus relief, Lake West must show that (1) the city “failed to perform an official duty clearly imposed by law”; (2) Lake West “suffered a public wrong” and was specifically injured by the city’s failure; and (3) Lake West has “no other adequate legal remedy.” -10 (Minn. 2006) (quoting N. States Power Co. v. Minn. Metro.
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Chris Hansen v. Haven Township
Minn. Ct. App. 2026
“When a decision on a writ of mandamus is based solely on a legal determination, [appellate courts] review that decision de novo.”
- Dayton Holding, Inc., d/b/a West Lakeland Freeway Properties v. Town of West Lakeland, et al Minn. Ct. App. 2026
- Peter K Butler v. City of St. Paul, Minnesota Minn. Ct. App. 2026
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Peter K Butler v. City of St. Paul, Minnesota
Minn. Ct. App. 2026
(citing Minn. Const. art. XII, § 3).
- Troy K Scheffler v. Lake Edward Township, County of Crow Wing Minn. Ct. App. 2024
- Thomas Coleman v. City of Stillwater, RMR of Stillwater, LLC, et al Minn. Ct. App. 2023
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Thomas Coleman v. City of Stillwater, RMR of Stillwater, LLC, et al
Minn. Ct. App. 2023
“To be entitled to mandamus relief, [a party] must show that: 1) the city failed to perform an official duty clearly imposed by law; 2) he suffered a public wrong and was specifically injured by the city’s failure; and 3) he has no other adequate legal remedy.” -10 (Minn. 2006) (quotation omitted).
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14 Cherrywood, LLC v. City of North Oaks
Minn. Ct. App. 2023
Breza v. City of Minnetrista , aff’d
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In re the Estate of: Joseph Rocco Figliuzzi
Minn. 2022
See Breza v. City of Minnetrista , n .3 (Minn. 2006) (describing the wetland bank system).
- A20-1295 A20-1296 Minn. 2022
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Troy K. Scheffler v. Lake Edward Township
Minn. Ct. App. 2021
Council, ( citations omitted); -10 (Minn. 2006).
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H. Joseph Slater, Kimberly Devine, et al v. Wabasha County
Minn. Ct. App. 2020
“When a decision on a writ of mandamus is based solely on a legal determination, we review that decision de novo.” Breza v. City of Minnetrista
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Minnesota Chamber of Commerce, et al.,
Minn. 2020
Because the effects of this ordinance extend beyond the borders of Minneapolis, in violation of the extraterritoriality doctrine, I respectfully dissent.1 I. Minnesota municipalities, including the City of Minneapolis, “possess no inherent powers and are purely creatures of the legislature.” see Minn. Const. art. XII, § 3 (“The legislature may provide by law for the creation, organization, administration, consolidation, division and dissolution of local government units and their functions .
- Keith B. Hagen, et al v. Windemere Township Minn. Ct. App. 2019
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Joseph Bergeron v. Commissioner of Corrections, Tom Roy, et al
Minn. Ct. App. 2019
d 106, 109-10 (Minn. 2006).
- EMERGE Community Development v. Minnesota Department of Employment and Economic Development, et al Minn. Ct. App. 2018
- In re Qwest Corp. 918 N.W.2d 578 Minn. Ct. App. 2018
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In re Qwest Corp.
918 N.W.2d 578
Minn. Ct. App. 2018
See Drewitz v. Motorwerks, Inc ., , 233 n.2 (Minn. 2007) (denying as moot motion to strike portions of briefs that the court did not consider in deciding appeal); Breza v. City of Minnetrista , , 515 n.1 (Minn. App. 2005) (denying motion to strike amicus brief that provided some useful insights), aff'd
- James Michael McConnell, et al v. Blue Earth County, et al Minn. Ct. App. 2017
- Douglas v. Stillwater Area Public Schools 899 N.W.2d 546 Minn. Ct. App. 2017
- Douglas v. Stillwater Area Public Schools 899 N.W.2d 546 Minn. Ct. App. 2017
- Madison Equities, Inc. v. Robert L. Crockarell 889 N.W.2d 568 Minn. 2017
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Madison Equities, Inc. v. Robert L. Crockarell
889 N.W.2d 568
Minn. 2017
based solely on a legal determination.”
- The Centennial Fire Fighters Relief Association, et al v. The City of Lino Lakes, et al., Anoka County … Minn. Ct. App. 2015
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The Centennial Fire Fighters Relief Association, et al v. The City of Lino Lakes, et al., Anoka County …
Minn. Ct. App. 2015
-10 (Minn. 2006) (quotations omitted).
- Ralph A. Fredlund, et al v. Eureka Township Board of Supervisors Minn. Ct. App. 2015
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Ralph A. Fredlund, et al v. Eureka Township Board of Supervisors
Minn. Ct. App. 2015
D-14 “When a decision on a writ of mandamus is based solely on a legal determination, we review that decision de novo.”
- Duncan v. Roy 830 N.W.2d 48 Minn. Ct. App. 2013
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Duncan v. Roy
830 N.W.2d 48
Minn. Ct. App. 2013
“When a decision on a writ of mandamus is based solely on a legal determination, we review that decision de novo.”
- In re Individual 35W Bridge Litigation 806 N.W.2d 820 Minn. 2011
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In re Individual 35W Bridge Litigation
806 N.W.2d 820
Minn. 2011
Brezo, v. City of Minnetrista, -14 (2006).
- Houck v. EASTERN CARVER COUNTY SCHOOLS 787 N.W.2d 227 Minn. Ct. App. 2010
- Houck v. EASTERN CARVER COUNTY SCHOOLS 787 N.W.2d 227 Minn. Ct. App. 2010
- In Re the Welfare of S.L.J. 782 N.W.2d 549 Minn. 2010
- In Re the Welfare of S.L.J. 782 N.W.2d 549 Minn. 2010
- In Re the Welfare of the Child of S.L.J. 772 N.W.2d 833 Minn. Ct. App. 2009
- In Re the Welfare of the Child of S.L.J. 772 N.W.2d 833 Minn. Ct. App. 2009
- Kottschade v. City of Rochester 760 N.W.2d 342 Minn. Ct. App. 2009
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Kottschade v. City of Rochester
760 N.W.2d 342
Minn. Ct. App. 2009
Failure of an agency to deny a request within 60 days is ápproval of the request.” (stating that the court of appeals has strictly enforced the 60-day rule in a number of cases by "consistently holding that an agency's failure to comply with the section 15.99 timeline results in automatic approval of the request at issue”).
- State v. White 759 N.W.2d 667 Minn. Ct. App. 2009
- C AND R STACY, LLC v. County of Chisago 742 N.W.2d 447 Minn. Ct. App. 2007
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C AND R STACY, LLC v. County of Chisago
742 N.W.2d 447
Minn. Ct. App. 2007
Minn. Const. art. XII, § 3
- City of Wyoming v. Minnesota Office of Administrative Hearings 735 N.W.2d 746 Minn. Ct. App. 2007
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City of Wyoming v. Minnesota Office of Administrative Hearings
735 N.W.2d 746
Minn. Ct. App. 2007
Breza v. City of *750 Minnetrista
- Hans Hagen Homes, Inc. v. City of Minnetrista 728 N.W.2d 536 Minn. 2007
- Hans Hagen Homes, Inc. v. City of Minnetrista 728 N.W.2d 536 Minn. 2007
- In Re the Civil Commitment of Giem 727 N.W.2d 198 Minn. Ct. App. 2007
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In Re the Civil Commitment of Giem
727 N.W.2d 198
Minn. Ct. App. 2007
Id.; -14 (Minn.2006) (characterizing Minn. Stat. § 15.99 (2000) as timing statute that does not preempt substantive law); Tischer v. Hous.