Vermillion State Bank v. State ex rel. Department of Transportation

OPINION

WORKE, Judge

Appellant challenges the district court’s award of attorney fees and other costs directly to respondent law firm under Minn. Stat. § 117.045. Because respondent did not have statutory standing to petition for fees directly and independently of plaintiff-petitioner, its former client, we reverse.

FACTS

In 2012, appellant State of Minnesota Department of Transportation (MnDOT) permanently closed a restaurant’s only access to a state highway. The restaurant’s *271owners had purchased the property with the assistance of a mortgage loan from plaintiff-petitioner Vermillion State Bank…