In re Midway Pro Bowl Relocation Benefits Claim

930 N.W.2d 7
CourtCourt of Appeals of Minnesota
DecidedMay 20, 2019
DocketA19-0237
StatusPublished

This text of 930 N.W.2d 7 (In re Midway Pro Bowl Relocation Benefits Claim) 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
In re Midway Pro Bowl Relocation Benefits Claim, 930 N.W.2d 7 (Mich. Ct. App. 2019).

Opinion

HALBROOKS, Judge *9In this certiorari appeal, relator Bowl-Rite, Inc., d/b/a Midway Pro Bowl, seeks review of a January 18, 2019 order issued by an administrative law judge (ALJ) that affirmed the City of St. Paul's denial of relator's claim for relocation benefits under MURA. Relator's claim arose from the early termination of relator's lease of a bowling alley due to the construction of a soccer stadium and related infrastructure in St. Paul.

The city denied relator's claim for relocation benefits on the ground that a private party, rather than the city, acquired the property at issue. On March 7, 2018, the city initiated a contested-case proceeding in the Minnesota Office of Administrative Hearings (OAH). In a January 18, 2019 order, the ALJ granted the city's motion for summary disposition and affirmed the city's denial of relator's claim for relocation benefits.

On February 7, 2019, relator filed with the clerk of the appellate courts a petition for writ of certiorari, a proposed writ, a statement of the case, and proof of service of the petition for the writ of certiorari, and served the other appeal documents on counsel for the city. The clerk of the appellate courts issued the writ of certiorari that same day. Relator served both the petition for the writ of certiorari and the issued writ on counsel for the city by certified mail on February 9, 2019. Relator served the issued writ of certiorari on the OAH by first-class mail on February 9, 2019.

The city filed a motion to discharge the writ of certiorari on the grounds that relator failed to timely serve the petition for the writ on the OAH and the writ of certiorari was directed improperly to the city rather than to the OAH. Relator filed a response opposing the motion. On February 27, 2019, relator served the petition for the writ of certiorari on the OAH by certified mail.

DECISION

In a certiorari appeal, the appeal period and the acts required to invoke appellate jurisdiction are governed by the applicable statute. Minn. R. Civ. App. P. 115.01. Certiorari in Minnesota is not a common-law writ, but a statutory remedy, and the statutory provisions are strictly construed. State ex rel. Ryan v. Civil Serv. Comm'n , 278 Minn. 296, 154 N.W.2d 192, 196 (1967).

The city argues that MAPA governs this appeal and that the writ of certiorari must be discharged due to relator's failure to serve the petition for the writ of certiorari on the OAH via personal service or certified mail within the 30-day appeal period under Minn. Stat. § 14.63. Relator contends that, because the city is not a statewide agency, the 60-day appeal period under the general certiorari statute, Minn. Stat. § 606.01 (2018), applies. Alternatively, relator argues that the jurisdictional requirements of MAPA were met, because relator filed the petition for the writ of certiorari with the clerk of the appellate courts and served the petition on all parties to the contested case within the 30-day period under Minn. Stat. § 14.63.

*10We agree with the city that, because Minn. Stat. § 117.52, subd. 4, MURA's appeal provision, expressly incorporates MAPA, the appeal period and the acts required to invoke appellate jurisdiction are governed by MAPA. We agree with relator that, in view of the 2013 amendment to Minn. Stat. § 14.63, timely service of the petition for the writ of certiorari on the agency is no longer a jurisdictional requirement under MAPA. The current version of Minn. Stat. § 14.63 requires service of the petition for the writ on all parties to the contested case within the 30-day appeal period, but does not establish a time limit for service of the petition and the issued writ on the agency.

I.

In 1973, the Minnesota Legislature enacted MURA for the purpose of making public funds available to reimburse relocation costs incurred by households and businesses displaced by the public acquisition of property when there is no federal financial participation. In re Relocation Benefits of James Bros. Furniture, Inc. , 642 N.W.2d 91, 95 (Minn. App. 2002), review denied (Minn. June 18, 2002). Originally, MURA did not contain an appeal provision, and this court held that a final administrative decision under MURA could only be reviewed by certiorari to this court as provided by Minn. Stat. § 606.01. Naegele Outdoor Advert., Inc. v. Minneapolis Cmty. Dev. Agency , 551 N.W.2d 235, 237 (Minn. App. 1996). In James Brothers , we noted that MAPA could not apply because the acquiring agency did not have statewide jurisdiction and the parties did not elect to be bound by MAPA's appeal procedure. James Brothers , 642 N.W.2d at 97 n.6.

In 2006, the legislature amended MURA, including the addition of Minn. Stat. § 117.52, subd. 4, which requires that a contested claim for relocation benefits be determined by an ALJ. 2006 Minn. Laws ch. 214, § 19, at 205. In 2012, the legislature amended Minn. Stat. § 117.52, subd. 4, to clarify that the ALJ determines the applicant's eligibility for relocation benefits, as well as the amount. 2012 Minn. Laws ch. 184, § 1, at 184.

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Related

Naegele Outdoor Advertising, Inc. v. Minneapolis Community Development Agency
551 N.W.2d 235 (Court of Appeals of Minnesota, 1996)
In Re Relocation Benefits of James Bros. Furniture, Inc.
642 N.W.2d 91 (Court of Appeals of Minnesota, 2002)
State v. CIVIL SERVICE COM'N OF CITY OF MINNEAPOLIS
154 N.W.2d 192 (Supreme Court of Minnesota, 1967)
Heideman v. Metropolitan Airports Commission
555 N.W.2d 322 (Court of Appeals of Minnesota, 1996)
In Re the License Applications of Polk County Ambulance Service
548 N.W.2d 300 (Court of Appeals of Minnesota, 1996)
In re the Risk Level Determination of J.M.T.
759 N.W.2d 406 (Supreme Court of Minnesota, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
930 N.W.2d 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-midway-pro-bowl-relocation-benefits-claim-minnctapp-2019.