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    MN Appeals Court Order

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    Tim Nelson
    Appeals court order dismissing second legal challenge to Vikings stadium funding

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    MN Appeals Court Order

    Uploaded by

    Tim Nelson
    1K views3 pages
    Appeals court order dismissing second legal challenge to Vikings stadium funding

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    MN Appeals Court order

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    Appeals court order dismissing second legal challenge to Vikings stadium funding

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    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views3 pages

    MN Appeals Court Order

    Uploaded by

    Tim Nelson
    Appeals court order dismissing second legal challenge to Vikings stadium funding

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    STATE OF MINNESOTA

    January 21, 2014

    IN COURT OF APPEALS

    APP

    JAN 2 1 2014

    In re Doug Mann,
    Petitioner Doug Mann, Petitioner,
    vs.

    ORDER
    #A14 0026

    F:LED

    Minneapolis City Council,


    Respondent.

    Considered and decided by Cleary. Chief Judge: Kalitowski, Judge; and Kirk,
    Judge.

    BASED ON THE FILE, RECORD, AND PROCEEDINGS, AND FOR THE

    FOLLOWING REASONS:
    This is a petition for mandamus challenging an order filed in the district court on
    November 12,2013, dismissing a petition for mandamus brought by Doug Mann in the district court. Judgment was entered on the order on November 14, 2013.

    An order dismissing a petition for mandamus is appealable as a final order in


    special proceeding, and an appeal may be taken from a judgment,

    if

    mandamus is

    granted. Ullrich v. Newburg Twp. 8d.,648 N.W.2d 743 (Minn. App.2002). The time to
    appeal a judgment expires 60 days after entry and the time to appeal any order issued

    before entry of the judgment expires at the same


    subd

    time. Minn. R. Civ. App. P. 104.01,


    13,2014.

    l, .02. Accordingly, the deadline for appeal in this case was January

    This petition for mandamus was filed on January 9,2014. But the petition does
    not address the adequacy of the ordinary remedy of a direct appeal. Mandamus will not

    lie when the pany seeking relief has an ordinary legal remedy that is adequate. Minn.
    Stat. $ 586.02 (2012). "Mandamus is not a substitute for, and cannot be used as, an appeal

    or writ of error." State ex rel. Gresham v. Delaney,2l3 Minn.2l7,2l9,


    (1942). The mandamus statute specifically provides for appeals from

    6 N.W.2d 97, 98

    the district court ruling to this court "as in other civil cases." Minn. Stat. $ 586.09

    (2012). When the applicable statute authorizes an appeal, an aggrieved party is "not
    entitled" to seek relief by mandamus. Gresham,2l3 Minn. at2l9, 6 N.W.2d at 98. A
    party who had a statutory right to appeal, and who has allowed the time for appeal to expire, is not entitled to obtain review by mandamus. Waters v. Putnam,289 Minn. 165,
    183 N.W.2d 545

    (1971). When there is a statute providing for appeal, "the express terms
    preclude the issuance

    of [section] 586.02"
    N.W.2d at 550.

    of a writ of mandamus. Id. at

    l7l.

    183

    Mann failed to bring a timely appeal and has not established that he lacked an
    adequate legal remedy. Accordingly, mandamus

    will not lie.

    IT IS HEREBY ORDER.ED:

    l.

    The petition for mandarnus is denied.

    2.

    Respondent's motion

    for expedited consideration or establishment of

    surety bond is denied as moot.

    Dated: January 21,2014

    BY THE COURT

    Edward J. Chief Judge

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