Graco, Inc. v. City of Minneapolis
Court of Appeals of Minnesota
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
- Mangold Midwest Co. v. Village of RichfieldSupreme Court of Minnesota · 1966
- State v. KuhlmanSupreme Court of Minnesota · 2007
- Power v. NordstromSupreme Court of Minnesota · 1921
- City of Morris v. Sax Investments, Inc.Supreme Court of Minnesota · 2008
- Monaghan v. ArmatageSupreme Court of Minnesota · 1944
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