Cited by
Opinions in Minnesota that cite Matter of Hibbing Taconite Co., 431 N.W.2d 885.
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In the Matter of the Petition of Todd Geske to Cease Enforcement of an Unadopted Rule Pursuant to …
Minn. Ct. App. 2025
An agency also formulates policy when it makes decisions on a case-by-case basis, meaning the agency applies a law “to a specific party.”
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In the Matter of the Petition of Minnesota Association of Residential Services Homes (MARSH) under Minn. Stat. § …
Minn. Ct. App. 2025
This court has also recognized that an agency may formulate policy when it makes decisions on a case-by-case basis, meaning the “agency applies a law ‘to a specific party.’” SMSC, d at 144 (quoting In re Hibbing Taconite Co. , ).
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Application for a Sulfate Site-Specific Standard for Hay Lake (AUID 31-0037-00), located downstream of the U.S. Steel - …
Minn. Ct. App. 2025
“The agency has discretion to decide what method is appropriate in a particular situation.”
- In the Matter of the Appeal by Kehinde Yusuf and Caring for Adults of the Order of License … Minn. Ct. App. 2024
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In the Matter of the Appeal by Kehinde Yusuf and Caring for Adults of the Order of License …
Minn. Ct. App. 2024
(noting an “agency has discretion to decide” whether to “formulate policy by promulgating rules or by case by case determinations”).
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In re the Matter of the Petition of the Shakopee Mdewakanton Sioux Community for a Declaration that the …
Minn. Ct. App. 2023
An agency also formulates policy when it make s decisions on a case-by-case basis, meaning the agency applies a law “to a specific party.”
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In the Matter of: Gedney Foods Company.
Minn. Ct. App. 2022
Relator also relies on citing it for the proposition that the MPCA may “not take official notice of the specific facts relating to [the regulated party’s] financial viability .” B ut the issue in that case was whether “foreign parent corporations [were] entitled to a contested case hearing” before being named a
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Builders Association of the Twin Cities, d/b/a Housing First Minnesota, Petitioner,
Minn. Ct. App. 2021
-95 (Minn. App. 1988) (“The purpose of the hearing is to ensure that the agency does not deprive the public of fair notice of the agency’s intentions.” (quotation omitted)).
- In re Minn. Living Assistance, Inc. 919 N.W.2d 87 Minn. Ct. App. 2018
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In re Minn. Living Assistance, Inc.
919 N.W.2d 87
Minn. Ct. App. 2018
894-95 (Minn. App. 1988) (citing Minn. Stat. §§ 14.05-14.47 (1986) ).
- Coalition of Greater Minnesota Cities v. Minnesota Pollution Control Agency 765 N.W.2d 159 Minn. Ct. App. 2009
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Coalition of Greater Minnesota Cities v. Minnesota Pollution Control Agency
765 N.W.2d 159
Minn. Ct. App. 2009
-95 (Minn.App.1988) (ruling that agency’s broad policy was an improperly promulgated rule, where it has neither been submitted pursuant to the Administrative Procedure Act nor decided on a case-by-case basis under the specific facts of a particular case).
- In Re Block 727 N.W.2d 166 Minn. Ct. App. 2007
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In Re Block
727 N.W.2d 166
Minn. Ct. App. 2007
-92 (Minn.App.1988) (addressing concept in agency proceedings).
- In Re the Class a License of North Metro Harness, Inc. 711 N.W.2d 129 Minn. Ct. App. 2006
- In Re the Class a License of North Metro Harness, Inc. 711 N.W.2d 129 Minn. Ct. App. 2006
- In Re the City of Owatonna's NPDES/SDS Proposed Permit Reissuance 672 N.W.2d 921 Minn. Ct. App. 2004
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In Re the City of Owatonna's NPDES/SDS Proposed Permit Reissuance
672 N.W.2d 921
Minn. Ct. App. 2004
“Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.”
- L & D Trucking v. Minnesota Department of Transportation 600 N.W.2d 734 Minn. Ct. App. 1999
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L & D Trucking v. Minnesota Department of Transportation
600 N.W.2d 734
Minn. Ct. App. 1999
-95 (Minn.App.1988); see also In re Application of Crown CoCo, Inc., (stating that board’s policy was rule of general applicability and future effect, not case-by-case determination), review withdrawn (Minn. Sept.
- Matter of Intra-Lata Equal Access 532 N.W.2d 583 Minn. Ct. App. 1995
- Contel of Minnesota, Inc. v. Minnesota Public Utilities Commission 532 N.W.2d 583 Minn. Ct. App. 1995
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Matter of Intra-Lata Equal Access
532 N.W.2d 583
Minn. Ct. App. 1995
-78 (Minn.1977); see George A. Beck, et al., Minnesota Administrative Procedure at *590 § 16.6 at 316-20 (comparing rulemaking with policymaking by adjudication).
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Contel of Minnesota, Inc. v. Minnesota Public Utilities Commission
532 N.W.2d 583
Minn. Ct. App. 1995
-78 (Minn.1977); see George A. Beck, et al., Minnesota Administrative Procedure at *590 § 16.6 at 316-20 (comparing rulemaking with policymaking by adjudication).
- Dullard v. Minnesota Dept. of Human Services 529 N.W.2d 438 Minn. Ct. App. 1995
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Dullard v. Minnesota Dept. of Human Services
529 N.W.2d 438
Minn. Ct. App. 1995
for rev. denied (Minn. July 24, 1991)
- In Re the Joint Petition of Rochester Express Limousine Service, Inc. 508 N.W.2d 788 Minn. Ct. App. 1993
- In Re the Joint Petition of Rochester Express Limousine Service, Inc. 508 N.W.2d 788 Minn. Ct. App. 1993
- In Re the Complaint Regarding the Annexation of a Portion of the Service Territory of People's Cooperative Power … 470 N.W.2d 525 Minn. Ct. App. 1991
- In Re the Complaint Regarding the Annexation of a Portion of the Service Territory of People's Cooperative Power … 470 N.W.2d 525 Minn. Ct. App. 1991
- In Re the Appeal of Jongquist 460 N.W.2d 915 Minn. Ct. App. 1990
- In Re the Appeal of Jongquist 460 N.W.2d 915 Minn. Ct. App. 1990
- Application of Crown CoCo, Inc. 458 N.W.2d 132 Minn. Ct. App. 1990
- Application of Crown CoCo, Inc. 458 N.W.2d 132 Minn. Ct. App. 1990
- Matter of Kandiyohi Co-Op. Elec. Power 455 N.W.2d 102 Minn. Ct. App. 1990
- In re the Complaint by Kandiyohi Cooperative Electric Power Ass'n 455 N.W.2d 102 Minn. Ct. App. 1990
- Matter of Kandiyohi Co-Op. Elec. Power 455 N.W.2d 102 Minn. Ct. App. 1990
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In re the Complaint by Kandiyohi Cooperative Electric Power Ass'n
455 N.W.2d 102
Minn. Ct. App. 1990
An agency decision is entitled to some deference, “where (1) the statutory language is technical in nature,'and (2) the agency’s interpretation is one of longstanding application.” (citations omitted).
- Application of Northern States Power Co. 440 N.W.2d 138 Minn. Ct. App. 1989
- Application of Northern States Power Co. 440 N.W.2d 138 Minn. Ct. App. 1989