Legal Opinion · Dissent

Harbaugh v. Commissioner of Revenue

Supreme Court of Minnesota

Decided May 22, 2013No. A12-1342Published

1DissentStras, Justice

The court’s rule in the decision we announce today can be boiled down to the following proposition: we may treat the time limits for filing an appeal as optional in some cases and mandatory in others, depending on our intuition about whether judicial economy favors review. Compare *886supra at 6, with Express Scripts, Inc. v. Comm’r. of Revenue, No. A12-1966, Order, 2013 WL 310642 (Minn. filed Jan. 18, 2013) (dismissing a petition for writ of certiorari because it was filed after the deadline in Minn.Stat. § 271.10, subd. 2 (2012)). The unstated assumption underlying the court’s rule is that the…

2Cases cited5 opinions

  1. Honig v. DoeSupreme Court of the United States · 1988
  2. Ortiz Ex Rel. Ortiz v. GavendaSupreme Court of Minnesota · 1999
  3. Harms v. Oak MeadowsSupreme Court of Minnesota · 2000
  4. Langer v. Commissioner of RevenueSupreme Court of Minnesota · 2009
  5. Beuning Family LP v. County of StearnsSupreme Court of Minnesota · 2012

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