State Ex Rel. Cooper v. Mower County Social Services

428 N.W.2d 491, 1988 Minn. App. LEXIS 1304, 1988 WL 90652

• Court: Court of Appeals of Minnesota
• Decided: September 6, 1988
• Docket: C5-88-1601
• Status: Published

Opinion

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Relator Mower County seeks certiorari review of an administrative law judge’s decision awarding damages for discrimination against a former employee. Respondent state filed a notice of review, challenging the denial of prejudgment interest. Relator’s motion for a stay of the decision pending appeal was not opposed.

DECISION

Although the filing of a certiorari appeal does not automatically stay the decision to be reviewed, the agency may grant a stay, “or the court of appeals may order a stay upon such terms as it deems proper.” Minn.Stat. § 14.65 (1986). The respondent did not oppose the motion for a stay, so the remaining issue is whether security should be required.

Since the decision appealed from in this case is essentially a money judgment, the usual condition of a stay would be a super-sedeas bond to guarantee payment of the judgment, if affirmed on appeal. Minn.R. Civ.App.P. 108.01, subds. 1, 3. However, when an appeal is taken by a governmental subdivision, no bond or other security is required to obtain a stay. Minn.R.Civ.P. 62.04. Accordingly, the decision and award of damages are stayed pending resolution of this appeal, without bond.

MOTION FOR STAY GRANTED.