Opinion

Dietz v. Dodge County

  • 487 N.W.2d 237
  • 1992 WL 179530
Court
Supreme Court of Minnesota
Filed
Jul 31, 1992
Status
Published
Author
Wahl
On the bench
Coyne, Gardebring, Wahl
Cited by
102 cases

stating “[t]his court has long held that in the absence of an adequate method of review or legal remedy, judicial review of the quasi-judicial decisions of administrative bodies, if available, must be invoked by writ of certiorari” to the court of appeals, and that this conclusion “has never inhered in school board cases alone”

How later courts described this case

  • stating “[t]his court has long held that in the absence of an adequate method of review or legal remedy, judicial review of the quasi-judicial decisions of administrative bodies, if available, must be invoked by writ of certiorari” to the court of appeals, and that this conclusion “has never inhered in school board cases alone”
  • stating that the narrow scope of “certiora-ri is compatible with the maintenance of fundamental separation of power principles, and thus is a particularly appropriate method of limiting and coordinating judicial review of the quasi-judicial decisions of executive bodies” (footnote omitted)
  • stating that a court conducting certiorari review determines whether a decision “was arbitrary, oppressive, unreasonable, fraudulent, under an erroneous theory of law,- or without any evidence to support it”
  • holding that “a petition for a writ of certiorari provides the exclusive means by which an employee can secure judicial review of the county’s employment termination decision”

Written by the judges who cited it.

The opinion

WAHL, Justice

(dissenting).

I join in the dissent of Justice Gardebring.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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