The Intra-Party Fight Among the Democratic Candidates Is Necessary and Healthy

NEIL H. BUCHANAN

UF law professor and economist Neil H. Buchanan explains why the Democratic presidential candidates attacking each other over policy differences and other issues rather than unifying to oppose President Trump in the general election. Buchanan argues that, perhaps illogically, the infighting is essential and a healthy part of the process.

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In re Midway Pro Bowl Relocation Benefits Claim

Docket: A19-0237

Opinion Date: January 15, 2020

Judge: G. Barry Anderson

Areas of Law: Civil Procedure, Government & Administrative Law

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.

State v. Thompson

Docket: A18-0545

Opinion Date: January 15, 2020

Judge: Thissen

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the decision of the court of appeals affirming Defendant's conviction for first-degree driving while impaired, holding that Officer Patrick Bendel of the Red Lake Police Department was acting within his proper authority when he detained Defendant and transported him to Beltrami County law enforcement. On appeal, Defendant challenged the denial of his motion to suppress, arguing that all evidence obtained as a result of his arrest should be suppressed because Officer Bendel was not a "peace officer" as defined in Minn. Stat. 169A.03, subd. 18 and therefore could not legally arrest Defendant for driving while impaired. The Supreme Court affirmed, holding (1) Officer Bendel detained and investigated Defendant and ejected him from the Red Lake Reservation pursuant to the tribal authority to detain and remove recognized by federal courts; and (2) therefore, Defendant's detention was lawful.

Avis Budget Car Rental LLC v. County of Hennepin

Docket: A19-0886

Opinion Date: January 15, 2020

Judge: David L. Lillehaug

Areas of Law: Tax Law

The Supreme Court affirmed the judgment of the Minnesota Tax Court dismissing Avis Budget Car Rental's property tax petition for failure to disclose certain concession fee information as required by Minn. Stat. 278.05, subd. 6, holding that the tax court did not err in dismissing the petition. On appeal, Avis argued that disclosure of the concession fee information was not required by the mandatory disclosure provision and that, even if disclosure of the concession fee was mandatory, other information provided to Hennepin County satisfied that requirement. The Supreme Court disagreed and affirmed, holding (1) under the circumstances of this case, the concession fees were subject to the mandatory disclosure provision, and such information was not disclosed by Avis by the deadline; and (2) because the information provided to Hennepin County was not disclosed by Avis the tax court properly dismissed the petition.

Enterprise Leasing Co. of Minnesota v. County of Hennepin

Docket: A19-0889

Opinion Date: January 15, 2020

Judge: David L. Lillehaug

Areas of Law: Tax Law

The Supreme Court affirmed the judgment of the Minnesota Tax Court dismissing the property tax petition filed by Enterprise Leasing Company of Minnesota for failure to disclose certain concession fee information as required by Minn. Stat. 278.05, subd. 6, holding that the tax court did not err in dismissing the petition. Specifically, the Court held that, for the reasons explained in Avis Budget Car Rental LLC v. County of Hennepin, __ N.W.2d __, also decided this day, the tax court did not err in dismissing Enterprise's petition because the concession fees at issue in this case were subject to the mandatory disclosure requirements of Minn. Stat. 278.05, subd. 6 and Enterprise did not comply with the requirements of the statute.