Labor & Employment Law

Minnesota's ultra vires decision

When Judge E.L. Lippman describes "The Land Use Case that Every Minnesota Rule Writer Should Read" on his Within the Scope blog, I have to disagree. This is a case that every local, state, and federal rule writer should read.

The opinion arises out of a challenge to the Department of Natural Resources' refusal to certify a local variance in favor of a landowner who wished to build a home along the Saint Croix River. The City of Lakeland granted the variance, but the DNR refused to certify this action - a matter that under the state's scenic river rules purportedly deprived the variance of its legal effect. ...

[T]he Minnesota Court of Appeals reversed the agency's determination ... because the denial of the certification was not rendered within 60 days of the ALJ's decision.

Disagreeing, the agency sought further review with the Minnesota Supreme Court.

A unanimous Supreme Court affirmed the lower court decision; albeit on very different grounds.

The Supreme Court reasoned that the Legislature's delegation to the DNR to "manage and administer" the scenic river system was not broad enough to authorize the state rules which required the DNR's approval of locally-granted variances. In the view of the Court, if such a review power was intended, the grant of authority to the DNR would be both differently-worded and more explicit. Without the lawful authority to set-aside locally-granted variances, the lack of an approval from the DNR did not imperil the landowner's variance. ...

We have an ultra vires finding contradicting the agency's interpretation of its establishing statute by a unanimous state supreme court.

For a more detailed study of the two appellate court decisions - which each of administrative lawyer should be doing these days - the Court of Appeals' unpublished decision is accessible here; and the Supreme Court's affirmance is accessible here.

See footnote 4 of the Supreme Court opinion.

By Edward M. ?Ted? McClure

Full post as published by New York Public Personnel Law on February 17, 2010 (boomark / email).