Crowley Co. v. Metropolitan Airports Commission

394 N.W.2d 542, 1986 Minn. App. LEXIS 4832
CourtCourt of Appeals of Minnesota
DecidedOctober 14, 1986
DocketC7-86-963
StatusPublished
Cited by23 cases

This text of 394 N.W.2d 542 (Crowley Co. v. Metropolitan Airports Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crowley Co. v. Metropolitan Airports Commission, 394 N.W.2d 542, 1986 Minn. App. LEXIS 4832 (Mich. Ct. App. 1986).

Opinion

OPINION

RANDALL, Judge.

On April 16, 1986, Crowley Company, Inc. (Crowley), appellant, sued to enjoin the Metropolitan Airports Commission’s (MAC) award to Viking Fence and Construction Company, Inc. (Viking) of a contract to construct a fence at Crystal airport. Crowley also moved for a temporary restraining order. The district court issued the temporary restraining order.

After a hearing, the district court denied Crowley’s motion for a temporary injunction, dissolved the temporary restraining order, and granted respondent Viking leave to intervene as a defendant. The trial court made no findings of fact or conclusions of law. Crowley appealed.

While Crowley’s appeal was pending, the original judge fell ill. Another district court judge denied Crowley’s subsequent motion for an injunction pending appeal, holding that it was inappropriate for one judge to act upon orders of another judge of the same court. On July 1, 1986, this court stayed all further proceedings pending appeal.

We reverse and remand for findings.

FACTS

MAC solicited bids for fencing to be constructed at Crystal Airport in Hennepin County. The instructions to bidders stated that sealed bids were to be submitted to MAC’s general offices by 2:00 p.m.

MAC’s standard procedure allowed contractors to submit bids to MAC’s receptionist until the deadline. Bidders were permitted to attend the bid opening held in MAC’s basement conference room. The bid officer would wait at the receptionist’s desk until the appointed time, inform the receptionist that the time for receiving bids had passed, and then take the submitted bids to the basement conference room and conduct the bid opening.

On the day bids were to be opened, at 2:00 p.m. according to the bid officer’s watch, the bid officer informed the receptionist that no more bids would be accepted. He then proceeded to the conference room. Viking’s representative then entered the receptionist’s area and indicated that he had a bid. The bid officer informed Viking’s representative that he would not accept the bid because it was past 2:00 p.m. The representative claimed that, according *544 to his watch, it was just then 2:00 p.m., and that he had been in the building before 2:00 p.m. The bid officer still refused to accept Viking’s bid and proceeded to open the other bids.

The bid officer opened six bids, with the apparent low bid being Crowley’s for $118,-800. Viking’s representative again approached the bid officer. At the representative’s request, the bid officer accepted Viking’s bid envelope for “safekeeping.”

MAC checked with “telephone time,” and determined that the bid officer’s watch was 1:04 minutes fast. MAC’S staff attorney determined from this that Viking’s bid was timely and should have been opened and considered. Viking’s bid was $3055.15 lower than Crowley’s bid, even after correction for mathematical error, and MAC declared Viking the low bidder. Crowley then commenced this lawsuit.

ISSUE

Did the trial court err by denying a temporary injunction without making findings of fact or conclusions of law?

ANALYSIS

Minn.R.Civ.P. 65.02 authorizes the issuance of a temporary injunction “if by affidavit, deposition testimony, or oral testimony in court, it appears that sufficient grounds exist therefor.” The purpose of the temporary injunction is to preserve the status quo until the case is adjudicated on its merits. Miller v. Foley, 317 N.W.2d 710, 712 (Minn.1982).

The issue in this case is whether the trial court abused its discretion by denying Crowley’s motion for a temporary injunction. “A trial court’s ruling on a motion for a temporary injunction is largely an exercise of judicial discretion. The sole issue on appeal is whether there was a clear abuse of such discretion.” Eakman v. Brutger, 285 N.W.2d 95, 97 (Minn.1979).

In determining whether the trial court has abused its discretion, an appellate court should consider:

(1) nature and background of the parties prior to the dispute;

(2) harm to be suffered by plaintiff if the temporary restraint is denied as compared to that inflicted on defendant if the injunction issues pending appeal;

(3) likelihood that one party or the other will prevail on the merits in light of established precedents fixing limits of equitable relief;

(4) aspects of the situation permitting or requiring consideration of public policy expressed in the statutes; and

(5) administrative burden involved in judicial supervision and enforcement.

Dahlberg Brothers, Inc. v. Ford Motor Co., 272 Minn. 264, 274-75, 137 N.W.2d 314, 321-22 (1965).

Minn.R.Civ.P. 52.01, requires that a trial court judge acting without a jury make findings of fact and conclusions of law when refusing an interlocutory injunction.

In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. * * * It will be sufficient if the findings of fact and conclusions of law are stated orally and recorded in open court following the close of the evidence or appear in an opinion or memorandum of decision filed by the court or in an accompanying memorandum. Findings of fact and conclusions of law are unnecessary on decisions of motions under Rules 12 or 56 or any other motion except as provided in Rule 41.02 [involuntary dismissal].

(Emphasis added).

Although Rule 52.01 states that findings of fact and conclusions of law are unnecessary in decisions on motions, it clearly requires that findings of fact and conclusions *545 of law be made by a court refusing to grant a temporary injunction.

The purpose of requiring findings is to permit meaningful review upon appeal and it is therefore necessary that trial courts find facts and state conclusions clearly and specifically. For this reason, the oral findings and conclusions must be stated on the record, in the presence of the parties, in order that they are adequately preserved.

Minn.R.Civ.P. 52.01, Advisory Committee Note.

In denying Crowley’s motion for temporary injunction, the district court did not make findings of fact or conclusions of law. Neither the court’s one-page order nor the transcript of the temporary injunction hearing reveal the legal basis on which the judge denied Crowley’s motion. There is an exception. Generally,

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Bluebook (online)
394 N.W.2d 542, 1986 Minn. App. LEXIS 4832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crowley-co-v-metropolitan-airports-commission-minnctapp-1986.