Legal Opinion

Jennissen v. City of Bloomington

Court of Appeals of Minnesota

Decided November 20, 2017No. A17-0221PublishedCited by 2 opinions

1Opinion of the CourtSchellhas, Judge

OPINION

Appellants challenge the district court’s summary judgment in favor of the city and the ruling that appellants’ proposed city charter amendment to require voter approval before the city establishes a system of organized collection of solid waste is preempted by Minn. Stat. § 115A.94. Because we conclude that by enacting Minn. Stat. § 115A.94 the legislature has preempted the field of legislation on a municipality’s establishment of organized collection, we affirm.

FACTS

In late 2014, respondent City of Bloom-ington began the statutory process under the MWMA to change from an open…

2Cases cited12 opinions

  1. State Ex Rel. Cooper v. FrenchSupreme Court of Minnesota · 1990
  2. Morton Buildings, Inc. v. Commissioner of RevenueSupreme Court of Minnesota · 1992
  3. Mangold Midwest Co. v. Village of RichfieldSupreme Court of Minnesota · 1966
  4. 500, LLC v. City of MinneapolisSupreme Court of Minnesota · 2013
  5. State v. KuhlmanSupreme Court of Minnesota · 2007

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3Cited by2 opinions

  1. Jennissen v. City of BloomingtonSupreme Court of Minnesota · 2018
  2. Graco, Inc. v. City of MinneapolisCourt of Appeals of Minnesota · 2019

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