State Ex Rel. Cooper v. Mower County Social Services

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

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.