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In re Midway Pro Bowl Relocation Benefits Claim

Court of Appeals of Minnesota

May 20, 2019

In the Matter of Midway Pro Bowl Relocation Benefits Claim.

          Office of Administrative Hearings File No. 65-6020-35112

          Jon W. Morphew, Morphew Law Office, PLLC, Minneapolis, Minnesota (for relator Bowl-Rite, Inc.)

          Peter G. Mikhail, Elizabeth Brodeen-Kuo, Kennedy & Graven, Chartered, Minneapolis, Minnesota (for respondent City of St. Paul)

          Considered and decided by Halbrooks, Presiding Judge; Connolly, Judge; and Slieter, Judge.

         SYLLABUS

         1. The judicial-review provisions of the Minnesota Administrative Procedure Act (MAPA), Minn. Stat. §§ 14.63-.69 (2018), govern a certiorari appeal from an administrative law judge's determination of the eligibility for or the amount of relocation assistance that the acquiring authority must provide under the Minnesota Uniform Relocation Act (MURA), Minn. Stat. §§ 117.50-.56 (2018).

         2. Because Minn. Stat. § 14.63 only requires that the petition for the writ of certiorari be filed with the court of appeals and served on all parties to the contested case within the 30-day appeal period, relator's failure to serve the petition and the issued writ of certiorari on the agency within the appeal period does not deprive the court of appeals of jurisdiction.

          SPECIAL TERM OPINION

          HALBROOKS, Judge

         In 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 ...


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