Cited by
Opinions in Minnesota that cite Dietz v. Dodge County, 487 N.W.2d 237.
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Mark R. Zweber v. Credit River Township
882 N.W.2d 605
Minn. 2016
lidity” — that is, whether the decision was unreasonable, arbitrary, or capricious — then the “exclusive method of review is by certiorari under chapter 606.” Id.; (concluding that a tort claim that “[did] not involve any inquiry into” a government entity’s employment decision was not subject to cer-tiorari review); . (stating that a court conducting certiorari review determines whether a decision “was arbitrary, oppressive, unreasonable, fraudulent, under an erroneous theory of law,- or without
- Greg Peterson, Relators v. City of Richfield, Richfield Police & Fire Civil Service Commission Minn. Ct. App. 2016
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Greg Peterson, Relators v. City of Richfield, Richfield Police & Fire Civil Service Commission
Minn. Ct. App. 2016
Certiorari review is limited to “questions affecting the jurisdiction of the [commission], the regularity of its proceedings, and, as to merits of the controversy, whether the order or determination in a particular case was arbitrary, oppressive, unreasonable, fraudulent, under an erroneous theory of law, or without any evidence to support it.” (quotation omitted).
- Rudolph Cooper, Relator v. Minnesota Department of Corrections Minn. Ct. App. 2016
- In the Matter of the Medical License of S. Fred Everett, M.D., Year of Birth: 1935, License Number: … Minn. Ct. App. 2016
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In the Matter of the Medical License of S. Fred Everett, M.D., Year of Birth: 1935, License Number: …
Minn. Ct. App. 2016
whether the order or determination in a particular case was arbitrary, oppressive, unreasonable, fraudulent, under an erroneous theory of law, or without any evidence to support it.’” ()).
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Rudolph Cooper, Relator v. Minnesota Department of Corrections
Minn. Ct. App. 2016
DECISION On appeal of an administrative agency’s decision, this court examines the record to determine whether the commissioner’s decision “was arbitrary, oppressive, unreasonable, fraudulent, under an erroneous theory of law, or without any evidence to support it.” (quotation omitted).
- Rochester City Lines, Co. v. City of Rochester, First Transit, Inc. 868 N.W.2d 655 Minn. 2015
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Rochester City Lines, Co. v. City of Rochester, First Transit, Inc.
868 N.W.2d 655
Minn. 2015
Although we have explained that the unreasonable, arbitrary, and capricious standard is “non-intrusive,” Griswold says that any procedure that “emasculates the safeguards of competitive bidding” invalidates the process and the contract, 242 Minn. at 536 , d at 652 .
- In the Matter of the Appeals of Kevin D. Moser, for MSRS Correctional Plan Service. Minn. Ct. App. 2015
- In the Matter of the Appeals of Kevin D. Moser, for MSRS Correctional Plan Service. Minn. Ct. App. 2015
- Bradley Tipka, Relator v. Lincoln International Charter School 864 N.W.2d 371 Minn. Ct. App. 2015
- Bradley Tipka, Relator v. Lincoln International Charter School 864 N.W.2d 371 Minn. Ct. App. 2015
- Bio Wood Processing, LLC, Relator v. Rice County Board of Commissioners Minn. Ct. App. 2015
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Bio Wood Processing, LLC, Relator v. Rice County Board of Commissioners
Minn. Ct. App. 2015
ons affecting the jurisdiction of the board, the regularity of its proceedings, and, as to merits of the controversy, whether the order or determination in a particular case was arbitrary, oppressive, unreasonable, fraudulent, under an erroneous theory of law, or without any evidence to support it.” (quoting State ex rel.
- In the Matter of the Risk Level Determination of S. P. M. Minn. Ct. App. 2015
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In the Matter of the Risk Level Determination of S. P. M.
Minn. Ct. App. 2015
whether the order or determination in a particular case was arbitrary, oppressive, unreasonable, fraudulent, under an erroneous theory of law, or without any evidence to support it.” d 237, 239 (Minn. 1992) (quotation omitted).
- Mark R. Zweber v. Credit River Township Minn. Ct. App. 2015
- Mark R. Zweber v. Credit River Township Minn. Ct. App. 2015
- Greg Peterson, Relator v. Richfield Civil Service Commission Minn. Ct. App. 2014
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Greg Peterson, Relator v. Richfield Civil Service Commission
Minn. Ct. App. 2014
Certiorari review is limited to “questions affecting the jurisdiction of the [commission], the regularity of its proceedings, and, as to merits of the controversy, whether the order or determination in a particular case was arbitrary, oppressive, unreasonable, fraudulent, under an erroneous theory of law, or without any evidence to support it.” (quotation omitted).
- Lifespan of Minnesota, Inc. v. Minneapolis Public Schools Independent School District 1 841 N.W.2d 656 Minn. Ct. App. 2014
- Lifespan of Minnesota, Inc. v. Minneapolis Public Schools Independent School District 1 841 N.W.2d 656 Minn. Ct. App. 2014
- Sawh v. City of Lino Lakes 823 N.W.2d 627 Minn. 2012
- Sawh v. City of Lino Lakes 823 N.W.2d 627 Minn. 2012
- County of Washington v. City of Oak Park Heights 818 N.W.2d 533 Minn. 2012
- Williams v. Smith 820 N.W.2d 807 Minn. 2012
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Williams v. Smith
820 N.W.2d 807
Minn. 2012
The limited nature of certiorari review ensures that such decisions are “granted deference by the judiciary to avoid usurpation of the executive body’s administrative prerogatives.” Tischer, d at 429 ; (“Because it mandates nonintrusive and expedient judicial review, certiorari is compatible with the maintenance of fundamental separation of power principles, and thus is a particularly appropriate method of limiting and coordinating judicial review of the quasi-judicial decisions of executive bod
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County of Washington v. City of Oak Park Heights
818 N.W.2d 533
Minn. 2012
of Sherburne, (holding that “a petition for a writ of certiorari provides the exclusive means by which an employee can secure judicial review of the county’s employment termination decision”); -08 (Minn.1988) (concluding that certiorari was the appropriate method to re
- Jensen Field Relocation Claims Jensen Field, Inc. v. Board of Regents 817 N.W.2d 724 Minn. Ct. App. 2012
- Jensen Field Relocation Claims Jensen Field, Inc. v. Board of Regents 817 N.W.2d 724 Minn. Ct. App. 2012
- Brenny v. Board of Regents of the University of Minnesota 813 N.W.2d 417 Minn. Ct. App. 2012
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Brenny v. Board of Regents of the University of Minnesota
813 N.W.2d 417
Minn. Ct. App. 2012
(quotation omitted); (noting that county nursing home administrator was required to appeal her termination decision by writ of certiorari because no statute permitted a right of appeal of an administrative decision by a county administrative body).
- Anderson v. Commissioner of Health 811 N.W.2d 162 Minn. Ct. App. 2012
- Anderson v. Commissioner of Health 811 N.W.2d 162 Minn. Ct. App. 2012
- Sawh v. City of Lino Lakes 800 N.W.2d 663 Minn. Ct. App. 2011
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Sawh v. City of Lino Lakes
800 N.W.2d 663
Minn. Ct. App. 2011
A certiorari review of the merits of a quasi-judicial decision is limited to “whether the order or determination in a particular case was arbitrary, oppressive, unreasonable, fraudulent, under an erroneous theory of law, or without any evidence to support it.” (quotation omitted).
- County of Washington v. City of Oak Park Heights 802 N.W.2d 767 Minn. Ct. App. 2011
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County of Washington v. City of Oak Park Heights
802 N.W.2d 767
Minn. Ct. App. 2011
(stating that the narrow scope of “certiora-ri is compatible with the maintenance of fundamental separation of power principles, and thus is a particularly appropriate method of limiting and coordinating judicial review of the quasi-judicial decisions of executive bodies” (footnote omitted)).
- Khan v. Minneapolis City Council 792 N.W.2d 463 Minn. Ct. App. 2010
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Khan v. Minneapolis City Council
792 N.W.2d 463
Minn. Ct. App. 2010
Certiorari review is limited “to questions affecting the jurisdiction of the [decision-making body], the regularity of its proceedings, and, as to merits of the controversy, whether the order or determination in a particular case was arbitrary, oppressive, unreasonable, fraudulent, under an erroneous theory of law, or without any evidence to support it.” (quotation omitted).
- Anderson v. COUNTY OF LYON 784 N.W.2d 77 Minn. Ct. App. 2010
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Anderson v. COUNTY OF LYON
784 N.W.2d 77
Minn. Ct. App. 2010
Judicial review of an administrative agency’s quasi-judicial decision, “if available, must be invoked by writ of cer-tiorari.”
- Williams v. BOARD OF REGENTS OF UNIV. 763 N.W.2d 646 Minn. Ct. App. 2009
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Williams v. BOARD OF REGENTS OF UNIV.
763 N.W.2d 646
Minn. Ct. App. 2009
at 190 ( (involving termination of county department director); (involving termination of nursing home administrator); Dokmo, d at 673 (involving termination of teacher); (termination of police reserve unit member), review denied (Minn. Sept.
- Big Lake Ass'n v. Saint Louis County Planning Commission 761 N.W.2d 487 Minn. 2009
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Big Lake Ass'n v. Saint Louis County Planning Commission
761 N.W.2d 487
Minn. 2009
Certiorari “mandates nonintrusive and expedient judicial review,” which “ensures that the judiciary does not encroach upon the constitutional power spheres of the other two branches of government,” Meath v. Harmful Substance Comp.
- R.G.C. v. Minnesota Department of Corrections 760 N.W.2d 329 Minn. Ct. App. 2009
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R.G.C. v. Minnesota Department of Corrections
760 N.W.2d 329
Minn. Ct. App. 2009
(holding whether a teacher entered into a “for cause” or “at will” employment contract is a question of law that is appropriate for review on certiorari).
- In Re the Claim for Benefits by Jerve 749 N.W.2d 404 Minn. Ct. App. 2008