Cited by
Opinions in Minnesota that cite In Re Hubbard, 778 N.W.2d 313.
- Sierra Club v. Public Utilities Commission Minn. Ct. App. 2026
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Sierra Club v. Public Utilities Commission
Minn. Ct. App. 2026
3 “Whether an administrative agency has acted within its statutory authority is a question of law that we review de novo.”
- In the Matter of Magdala Sims (A/K/A Desrosiers), RN License No. 2507958. Minn. Ct. App. 2026
- A24-1454 A24-1455 A24-1700 A24-1741 A24-1750 Minn. Ct. App. 2025
- Hibbing Taconite Company, Relator, Minn. Ct. App. 2025
- City of Eden Prairie v. Travis R. Serafin, Relator, Public Employees Retirement Association, ... 7 N.W.3d 132 Minn. Ct. App. 2024
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City of Eden Prairie v. Travis R. Serafin, Relator, Public Employees Retirement Association, ...
7 N.W.3d 132
Minn. Ct. App. 2024
4 “Administrative agencies are creatures of statute and they have only those powers given to them by the legislature.”
- In the Matter of the Appeal by Pond Early Childhood Family Development Center of the Order to Pay … Minn. Ct. App. 2024
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In the Matter of the Appeal by Pond Early Childhood Family Development Center of the Order to Pay …
Minn. Ct. App. 2024
“Whether an administrative agency has acted within its statutory authority is a question of law that [appellate courts] review de novo.”
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In the Matter of the Assisted Living Contract Termination of D.W., Petitioner, by Graceful Lodge Home Care, Respondent.
Minn. Ct. App. 2024
“Whether an administrative agency has acted within its statutory authority is a question of law that [appellate courts] review de novo.”
- In the Matter of the Surveillance and Integrity Review (SIRS) Appeals by Trinity Home Health Care Services and … Minn. 2023
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In the Matter of the Surveillance and Integrity Review (SIRS) Appeals by Trinity Home Health Care Services and …
Minn. 2023
A. “Whether an administrative agency has acted within its statutory authority is a question of law that we review de novo.”
- Minnesota Internship Center, Relator v. Minnesota Department of Education Minn. Ct. App. 2023
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Minnesota Internship Center, Relator v. Minnesota Department of Education
Minn. Ct. App. 2023
“Administrative agencies are creatures of statute and they have only those powers given to them by the legislature.”
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State of Minnesota, by Spring Valley Friends, LLC, et al., Appellants,
Minn. Ct. App. 2023
-24 (Minn. 2010) (reasoning that the grant of certain authority in statutes other than the one at issue showed that the legislature knew how to grant that authority but declined to do so in the statute at issue on appeal).
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Minn. 2022
(noting that the Legislature’s action in one statute but inaction in another shows that the Legislature “knows how” to accomplish a particular objective if it wishes to do so).
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Minnesota Deer Farmers Association, Petitioner,
Minn. Ct. App. 2022
“Administrative agencies are creatures of statute and they have only those powers given to them by the legislature.”
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Asha Ahmed, Appellant,
Minn. Ct. App. 2022
“Whether an administrative agency has acted within its statutory authority is a question of law that we review de novo.” In re Denial of Certification of the Variance Granted to Hubbard
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Doran 610 Apartments, LLC, et al., Appellants,
Minn. Ct. App. 2022
State entities “are creatures of statute and they have only those powers given to them by the legislature.”
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A20-0116
Minn. Ct. App. 2020
misplaced.” d 313, 318 n.4 (Minn. 2010).
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In re the Matter of the Annexation of Real Property to City of Bemidji from Bemidji Township (MBAU …
Minn. Ct. App. 2020
“Whether an administrative agency 4 has acted within its statutory authority is a question of law that we review de novo.”
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In the Matter of the Application of Otter Tail Power Company for Authority to Increase Rates for Electric …
Minn. 2020
“Whether an administrative agency has acted within its statutory authority is a question of law that we review de novo.”
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Calm Waters, LLC, a Limited Liability Company under the laws of Minnesota, Appellant,
Minn. Ct. App. 2019
–22 (Minn. 2010) ( stating legislative delegat ion must be expressly or impliedly authorized and the supreme court is reluctant to find implied authority).
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In the Matter of the Application of Minnesota Power for Authority to Increase Rates for Electric Service in …
Minn. Ct. App. 2019
In re Hubbard , (citation omitted).
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In the Matter of Virginia Marie Carlson, Unlicensed.
Minn. Ct. App. 2019
10 “Administrative agencies are creatures of statute and they have only those powers given to them by the legislature.”
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Minnesota Center for Environmental Advocacy, et al., Petitioners,
Minn. Ct. App. 2019
But the ALJ concluded that “[t]he statute authorizing these rules do[es] not require specific standards for the conduct of mining operations.” B. Statutory Authority “Administrative agencies are creatures of statute and they have only those powers given to them by the legislature.”
- BFI Waste Sys. of N. Am., LLC v. Bishop 927 N.W.2d 314 Minn. Ct. App. 2019
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BFI Waste Sys. of N. Am., LLC v. Bishop
927 N.W.2d 314
Minn. Ct. App. 2019
In re Hubbard , , 318 (Minn. 2010).
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In the Matter of a Petition for Decertification of an Exclusive Representative
Minn. Ct. App. 2019
See In re Hubbard , (“Administrative agencies are creatures of statute and they have only those powers given to them by the legislature.”); see also Minn. Stat. § 14.38 , subd.
- Burt v. Rackner, Inc. 902 N.W.2d 448 Minn. 2017
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Eureka Township, Appellant,
Minn. Ct. App. 2017
The DNR, as an administrative agency, only has the power given to it by the legislature and “[n]either an agency nor the courts may enlarge the agency’s powers beyond which was contemplated by the legislative body.” (quotations omitted).
- In the Matter of HIBBING TACONITE MINE AND STOCKPILE PROGRESSION and Williams Creek Project Specific Wetland Mitigation 888 N.W.2d 336 Minn. Ct. App. 2016
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In the Matter of HIBBING TACONITE MINE AND STOCKPILE PROGRESSION and Williams Creek Project Specific Wetland Mitigation
888 N.W.2d 336
Minn. Ct. App. 2016
“Administrative agencies are creatures of statute and they have only those powers given to them by the legislature.”
- In the Matter of the Administrative Order with Penalty Issued to Architektur, Inc., Philip Carlson and Virginia Carlson, … Minn. Ct. App. 2016
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In the Matter of the Administrative Order with Penalty Issued to Architektur, Inc., Philip Carlson and Virginia Carlson, …
Minn. Ct. App. 2016
“Administrative agencies are creatures of statute and they have only those powers given to them by the legislature.”
- In the Matter of Franz Schauer, WCA Application, dated April 28, 2014 for No-Loss and Exemption Petition for … Minn. Ct. App. 2016
- In the Matter of Franz Schauer, WCA Application, dated April 28, 2014 for No-Loss and Exemption Petition for … Minn. Ct. App. 2016
- Tracie Erickson, Relators v. Minnesota Department of Natural Resources Minn. Ct. App. 2015
- Tracie Erickson, Relators v. Minnesota Department of Natural Resources Minn. Ct. App. 2015
- Lakes Area Business Ass'n v. City of Forest Lake 842 N.W.2d 320 Minn. Ct. App. 2014
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Lakes Area Business Ass'n v. City of Forest Lake
842 N.W.2d 320
Minn. Ct. App. 2014
(holding that, where express authority is given in one statute and not in another, the legislature shows it “knows how to grant such authority if it desires”); Martinco v. Hastings, 265 Minn. 490, 497 , (“If there is to be a change in the statute, it must come from the legis
- Dukowitz v. Hannon Security Services 841 N.W.2d 147 Minn. 2014
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Dukowitz v. Hannon Security Services
841 N.W.2d 147
Minn. 2014
(noting that the Legislature's action in one statute but inaction in another shows that the Legislature "knows how” to accomplish a particular objective if it wishes to do so).
- GH Holdings, LLC v. Minnesota Department of Commerce 840 N.W.2d 838 Minn. Ct. App. 2013
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GH Holdings, LLC v. Minnesota Department of Commerce
840 N.W.2d 838
Minn. Ct. App. 2013
misplaced” when appellate courts “are confronted with the threshold question of whether the legislature has granted an agency the authority to take the action at issue.” , 318 n. 4 (Minn.2010).
- Schwanke v. Minnesota Department of Administration 834 N.W.2d 588 Minn. Ct. App. 2013
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Schwanke v. Minnesota Department of Administration
834 N.W.2d 588
Minn. Ct. App. 2013
“Whether an administrative agency has acted within its statutory authority is a question of law that we review de novo.” (quotation omitted).
- Siewert v. Northern States Power Co. 793 N.W.2d 272 Minn. 2011
- Siewert v. Northern States Power Co. 793 N.W.2d 272 Minn. 2011
- In the Matter of Administrative Order Issued to Wright Cnty. 784 N.W.2d 398 Minn. Ct. App. 2010