Legal Opinion

City of Birchwood Village v. Simes

Court of Appeals of Minnesota

Decided April 7, 1998No. C7-97-1915PublishedCited by 4 opinions

1Opinion of the Court

OPINION

DANIEL F. FOLEY, Judge.*

The City of Birchwood Village appeals from summary judgment in favor of respondent Josephine Simes, a boat owner and resident, arguing that the district court erred when it ruled that state legislation establishing the White Bear Lake Conservation District (conservation district) preempts any ordinances enacted by the city regarding boat size. Because state legislation establishing the conservation district fully occupies that field of legislation, there is no room for local regulation, and we affirm. .

FACTS

White Bear Lake is located in northeastern Ramsey…

2Cases cited4 opinions

  1. Hibbing Education Ass'n v. Public Employment Relations BoardSupreme Court of Minnesota · 1985
  2. Wartnick v. Moss & BarnettSupreme Court of Minnesota · 1992
  3. Mangold Midwest Co. v. Village of RichfieldSupreme Court of Minnesota · 1966
  4. State v. DaileySupreme Court of Minnesota · 1969

3Cited by4 opinions

  1. Altenburg v. Board of SupervisorsCourt of Appeals of Minnesota · 2000
  2. City of Birchwood Village v. SimesCourt of Appeals of Minnesota · 1998
  3. Op. Atty. Gen. 59a-32 (Cr. Ref. 441h 477b-34), Minnesota Attorney General Reports2002
  4. Op. Atty. Gen. 59a-32 (Cr. Ref. 441h 477b-34), Minnesota Attorney General Reports2002

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