Holbrook v. State Gambling Control Board

532 N.W.2d 578, 1995 Minn. App. LEXIS 747, 1995 WL 332264
CourtCourt of Appeals of Minnesota
DecidedJune 6, 1995
DocketNo. C9-94-2386
StatusPublished

This text of 532 N.W.2d 578 (Holbrook v. State Gambling Control Board) 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
Holbrook v. State Gambling Control Board, 532 N.W.2d 578, 1995 Minn. App. LEXIS 747, 1995 WL 332264 (Mich. Ct. App. 1995).

Opinion

OPINION

KLAPHAKE, Judge.

Appellant Minnesota Gambling Control Board (the Board) appeals the district court’s judgment allowing respondent American Legion Richard Dingle Post 98 (the Legion) to pay the settlement of a sexual harassment lawsuit out of its gambling profits. The district court concluded that the settlement was an “allowable expense” under Minn.Stat. § 349.12, subd. 3a (1994). We affirm the judgment for respondents Nancy Holbrook and the Legion.

FACTS

In July 1988, Holbrook began working as a pull-tab seller at the Legion. In November 1993, she commenced an action against the Legion alleging that fellow employee James Lind, Treasurer and Chairman of Gambling, had sexually harassed her on the job and throughout the course of her employment. She alleged that shortly after she began working at the Legion, she complained to the Legion’s Gambling Manager of the harassment, but no action was taken to correct the problem. In April 1993, she was terminated. In the lawsuit, Holbrook claimed pain and suffering, and lost wages, tips, and other compensation.

The Legion was in the business of selling and serving food and beverages, as well as lawful gambling. Holbrook and Lind were involved solely in the gambling operation and were paid out of the gambling funds. In July 1994, the parties stipulated to a settlement of $60,000 to be paid out of the Legion’s gambling profits for all of Holbrook’s claims. The parties agreed that “it is necessary to resolve the question whether the settlement payment would be an allowable expense related to lawful gambling” and that resolution of this legal issue required joinder of the Board. The stipulation also stated that the Legion had insufficient funds from other sources to pay the settlement.

Over the Board’s objection, the district court ordered joinder of the Board as a [581]*581necessary party. After hearing arguments on the issues of joinder and use of the gambling profits to pay the settlement, the district court concluded that the Legion could pay the settlement out of its gross profits from gambling. Judgment was entered for Holbrook pursuant to the settlement, and the settlement funds were escrowed. The Board appeals.

ISSUES

I. Does the new law defining “allowable expense,” which was enacted after the parties’ stipulation for settlement but before the district court’s order for judgment, apply?

II. Is the Board’s opinion that payment of a sexual harassment lawsuit settlement is not an “allowable expense” entitled to great weight or deference?

III. Is settlement of this sexual harassment lawsuit an “allowable expense” under Minn.Stat. § 349.12, subd. 3a (1994)?

ANALYSIS

I.

The statute defining “allowable expense” changed after the parties’ stipulation for settlement and before the district court issued its order for judgment. See 1994 Minn.Laws ch. 633, art. 5, § 2. In determining whether the new law applies to this case, we look at whether the party seeking application of the prior law had an “accrued” or “vested” right that was adversely affected by the new legislation.

“[A] right is not “vested” unless it is something more than a mere expectation, based on an anticipated continuance of present laws. It must be some right or interest in property that has become fixed or established, and is not open to doubt or controversy.”

Olsen v. Special Sch. Dist. No. 1, 427 N.W.2d 707, 711 (Minn.App.1988) (quoting Schwarzkopf v. Sac County Bd. of Supervisors, 341 N.W.2d 1, 8 (Iowa 1983)).

Under the circumstances of this case, Holbrook and the Legion did not have a vested right in the settlement on August 1, 1994, when the new law took effect. See Minn.Stat. § 645.02 (1994) (where no effective date specified, law is effective August 1 next following its final enactment). The parties’ settlement was expressly contingent on a court rendering a legal determination: the settlement was “subject to the resolution of a legal question, permitting payment from a specified source.” The Legion was not bound to pay unless that legal determination was made in its favor. In the stipulation, the parties acknowledged that the legal issue was disputed by the Board. They also agreed to convene for a hearing on August 11, 1994, after the new law became effective. Thus, the district court’s decision was not only made after the effective date, but also was based on a hearing held after the effective date. There was no vested right when the parties agreed to require legal resolution of the issue and no resolution, not even a preliminary resolution, existed as of the effective date of the new law. Since Holbrook and the Legion had nothing more than a “mere expectation” in the expense being characterized as an allowable expense, the new law applies.

II.

“[O]n matters of statutory interpretation, this court is not bound by the determination of an administrative agency.” Arvig Tel. Co. v. Northwestern Bell Tel. Co., 270 N.W.2d 111, 114 (Minn.1978). An agency’s construction of a statute may be entitled to deference, however, when (1) the statutory language is so technical in nature that only a specialized agency has the requisite experience and expertise to understand it; (2) the agency’s interpretation is one of long-standing application; or (3) the statutory language is ambiguous. Resident v. Noot, 305 N.W.2d 311, 312 (Minn.1981). While the parties agree that resolution of this case requires statutory interpretation, they disagree on whether the Board’s position1 is entitled to deference.

[582]*582The new law defines allowable expenses as

the percentage of the total cost incurred by the organization in the purchase of any good, service, or other item which corresponds to the proportion of the total actual use of the good, service, or other item that is directly related to conduct of lawful gambling.

Minn.Stat. § 349.12, subd. 3a (1994). This definition consists of words of common usage, not terms technical in nature. The agency’s expertise, therefore is unnecessary for interpretation of the statute. There is also no interpretation of longstanding application, because the statute is newly enacted.2 Finally, the language is expressed in clear and common terms. Therefore, the Board’s position is not entitled to deference by this court.

III.

Minnesota appellate courts have not considered what is or is not an “allowable expense” under Minn.Stat. § 349.12, subd. 3a. Because application of the definition of “allowable expense” requires consideration of the state regulatory scheme for lawful gambling, we begin with a discussion of the gaming laws.

Lawful gambling is a heavily regulated industry, and Minnesota has an “interest in tight administrative controls over gambling generally.” Brainerd Area Civic Ctr. v. Commissioner of Revenue, 499 N.W.2d 468, 471 (Minn.1993),

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Simonsen
89 N.W.2d 910 (Supreme Court of Minnesota, 1958)
Schwarzkopf v. Sac County Board of Supervisors
341 N.W.2d 1 (Supreme Court of Iowa, 1983)
Olsen v. Special School Dist. No. 1
427 N.W.2d 707 (Court of Appeals of Minnesota, 1988)
Arvig Telephone Co. v. Northwestern Bell Telephone Co.
270 N.W.2d 111 (Supreme Court of Minnesota, 1978)
Brainerd Area Civic Center v. Commissioner of Revenue
499 N.W.2d 468 (Supreme Court of Minnesota, 1993)
Resident v. Noot
305 N.W.2d 311 (Supreme Court of Minnesota, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
532 N.W.2d 578, 1995 Minn. App. LEXIS 747, 1995 WL 332264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holbrook-v-state-gambling-control-board-minnctapp-1995.