Cited by
Opinions in Minnesota that cite Steinke v. City of Andover, 525 N.W.2d 173.
- Richard Joseph Terfehr v. Buffalo-Red River Watershed District, Wilkin ... Minn. Ct. App. 2026
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Richard Joseph Terfehr v. Buffalo-Red River Watershed District, Wilkin ...
Minn. Ct. App. 2026
Planning decisions, meanwhile, “involve questions of public policy and are protected as discretionary decisions.”
- Minor Doe 601, a minor, by and through his mother and natural guardian, Mother Doe 601, Appellants, vs. … Minn. 2025
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Minor Doe 601, a minor, by and through his mother and natural guardian, Mother Doe 601, Appellants, vs. …
Minn. 2025
12 If there is a single consistent thread in our jurisprudence on the discretionary- function exception to municipal tort liability, it is this: “The critical inquiry is whether the conduct involved a balancing of policy objectives.”
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Freedom Kerkula, as Trustee for the Next of Kin of Grace Elizabeth Bettie, Appellant,
Minn. Ct. App. 2023
Generally, hidden conditions are determined based on “whether the condition was visible, not on whether the injured party actually saw the danger.”
- Jerald Boitnott, Appellant, Minn. Ct. App. 2022
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Robert C. Tengdin, Trustee of the Robert C. Tengdin Revocable Trust dated May 18, 2009, Respondent,
Minn. Ct. App. 2022
Steinke v. City of Andover , d 173, 175 (Minn. 1994).
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Douglas W. Wenker, et al., Respondents,
Minn. Ct. App. 2019
Steinke v. City of Andover
- Magnolia 8 Properties, LLC v. City of Maple Plain 893 N.W.2d 658 Minn. Ct. App. 2017
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Magnolia 8 Properties, LLC v. City of Maple Plain
893 N.W.2d 658
Minn. Ct. App. 2017
age in the Minnesota Municipal Tort Liability Act states: “Subject to the limitations of sections 466.01 to 466,15, every municipality is subject to liability for its torts and those of its officers, employees and agents acting within the scope of their employment or duties whether aris *668 ing out of a governmental or proprietary function.” Minn. Stat. § 466.02
- James Ariola, as next of kin of, and trustee for, the Estate of Jack Ariola Erenberg, his son, … 889 N.W.2d 340 Minn. Ct. App. 2017
- James Ariola, as next of kin of, and trustee for, the Estate of Jack Ariola Erenberg, his son, … 889 N.W.2d 340 Minn. Ct. App. 2017
- Simon McCullough v. City of Red Wing Minn. Ct. App. 2016
- Simon McCullough v. City of Red Wing Minn. Ct. App. 2016
- Delmer v. Fladwood v. City of St. Paul Minn. Ct. App. 2016
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Delmer v. Fladwood v. City of St. Paul
Minn. Ct. App. 2016
No. 16, -24, 23 n.20 (Minn. 1998); Watson by Hanson v. Metropolitan Transit Comm’n
- Jessica Mattson v. City of Rushford, Minnowa Construction, Inc., State of Minnesota Department of Transportation, Edwards and Kelcey, … Minn. Ct. App. 2016
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Jessica Mattson v. City of Rushford, Minnowa Construction, Inc., State of Minnesota Department of Transportation, Edwards and Kelcey, …
Minn. Ct. App. 2016
-76 (Minn. 1994) (“We have recognized that the government’s initial decision, whether to place signs warning the public of potential hazards, is protected as a discretionary function because it involves the consideration of several policy factors.”).
- Wallace Armstrong v. Hasbargen Logging, Inc., State of Minnesota Minn. Ct. App. 2015
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Wallace Armstrong v. Hasbargen Logging, Inc., State of Minnesota
Minn. Ct. App. 2015
involving questions of public policy, that is, the evaluation of factors such as the financial, political, economic, and social effects of a given plan or policy.” (“[The county’s] decision to place signs only along county roads and recognized right-of-ways involved more than merely a professional or scientific judgment; it involved the type of political, social and economic considerations that lie at the center of discretionary action.”).
- JW Ex Rel. BRW v. 287 INTER. DIST. 761 N.W.2d 896 Minn. Ct. App. 2009
- J.W. ex rel. B.R.W. v. 287 Intermediate District 761 N.W.2d 896 Minn. Ct. App. 2009
- JW Ex Rel. BRW v. 287 INTER. DIST. 761 N.W.2d 896 Minn. Ct. App. 2009
- J.W. ex rel. B.R.W. v. 287 Intermediate District 761 N.W.2d 896 Minn. Ct. App. 2009
- Schroeder v. St. Louis County 708 N.W.2d 497 Minn. 2006
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Schroeder v. St. Louis County
708 N.W.2d 497
Minn. 2006
2755 , 81 L.Ed.2d 660 (1984))
- Unzen v. City of Duluth 683 N.W.2d 875 Minn. Ct. App. 2004
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Unzen v. City of Duluth
683 N.W.2d 875
Minn. Ct. App. 2004
Our case law has made clear that the burden is on the municipality to “produce evidence [that] its conduct was of a policy-making nature.” ().
- Minder v. Anoka County 677 N.W.2d 479 Minn. Ct. App. 2004
- Minder v. Anoka County 677 N.W.2d 479 Minn. Ct. App. 2004
- Zaske Ex Rel. Bratsch v. Lee 651 N.W.2d 527 Minn. Ct. App. 2002
- Zaske Ex Rel. Bratsch v. Lee 651 N.W.2d 527 Minn. Ct. App. 2002
- Lishinski v. City of Duluth 634 N.W.2d 456 Minn. Ct. App. 2001
- Lishinski v. City of Duluth 634 N.W.2d 456 Minn. Ct. App. 2001
- Fear v. Independent School District 911 634 N.W.2d 204 Minn. Ct. App. 2001
- Fear v. Independent School District 911 634 N.W.2d 204 Minn. Ct. App. 2001
- Conlin v. City of Saint Paul 605 N.W.2d 396 Minn. 2000
- Conlin v. City of Saint Paul 605 N.W.2d 396 Minn. 2000
- Fisher v. County of Rock 596 N.W.2d 646 Minn. 1999
- Fisher v. County of Rock 596 N.W.2d 646 Minn. 1999
- Doe v. Park Center High School 592 N.W.2d 131 Minn. Ct. App. 1999
- Doe v. Park Center High School 592 N.W.2d 131 Minn. Ct. App. 1999
- Bloss v. University of Minnesota Board of Regents 590 N.W.2d 661 Minn. Ct. App. 1999
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Bloss v. University of Minnesota Board of Regents
590 N.W.2d 661
Minn. Ct. App. 1999
(government must produce evidence that conduct was of policy-making nature); Holmquist, d at 234 (adoption of standards or regulations almost inevitably balances policy considerations).
- Merchlewitz v. Midwest 4 Wheel Drive Ass'n 587 N.W.2d 652 Minn. Ct. App. 1999
- Merchlewitz v. Midwest 4 Wheel Drive Ass'n 587 N.W.2d 652 Minn. Ct. App. 1999
- Lundstrom v. City of Apple Valley 587 N.W.2d 517 Minn. Ct. App. 1998
- Lundstrom v. City of Apple Valley 587 N.W.2d 517 Minn. Ct. App. 1998
- Christensen v. Mower County 587 N.W.2d 305 Minn. Ct. App. 1998
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Christensen v. Mower County
587 N.W.2d 305
Minn. Ct. App. 1998
(choosing whether to warn public of hazards is not inherently discretionary or operational); (placing signs may or may not be discretionary).