Legal Opinion · Dissent

Graco, Inc. v. City of Minneapolis

Court of Appeals of Minnesota

Decided March 4, 2019No. A18-0593Published

1Dissent

JOHNSON, Judge (dissenting)

Under well-established caselaw, a municipal ordinance conflicts with, and thus is preempted by, a state statute if "the ordinance forbids what the statute expressly permits." Mangold Midwest Co. v. Village of Richfield , 274 Minn. 347, 143 N.W.2d 813, 816 (1966). In this case, the City's minimum-wage ordinance forbids a large employer from paying an hourly wage of between $ 9.86 and $ 11.24, while the state minimum-wage statute expressly permits a large employer to pay an hourly wage of between $ 9.86 and $ 11.24. Thus, the City's minimum-wage ordinance forbids what…

2Cases cited11 opinions

  1. Mangold Midwest Co. v. Village of RichfieldSupreme Court of Minnesota · 1966
  2. State v. KuhlmanSupreme Court of Minnesota · 2007
  3. Power v. NordstromSupreme Court of Minnesota · 1921
  4. City of Morris v. Sax Investments, Inc.Supreme Court of Minnesota · 2008
  5. Monaghan v. ArmatageSupreme Court of Minnesota · 1944

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API