In re Midway Pro Bowl Relocation Benefits ClaimAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals denying the City of Saint Paul's motion to discharge Respondent's petition for a writ of certiorari on the basis that Respondent failed to serve the petition on the agency, as required by Minn. Stat. 14.64, within the thirty-day deadline set forth in Minn. Stat. 14.63, holding that the thirty-day deadline in section 14.63 does not apply to the service requirement imposed by section 14.64.
Respondent sought relocation benefits under the Minnesota Uniform Relocation Act after its lease of a bowling alley was prematurely terminated due to construction. The City denied the request, and an administrative law judge denied Respondent's claim. Respondent filed a petition for a writ of certiorari and served the petition on the City within thirty days of receiving the decision. The City sought to discharge the writ and dismiss the appeal based on untimely service. The court of appeals denied relief. The Supreme Court affirmed, holding that judicial review under the Administrative Procedure Act is invoked by compliance with the provisions of section 14.63, and the thirty-day deadline in section 14.63 does not apply to the service requirement imposed by section 14.64.