Legal Opinion

Bode v. Minnesota Department of Natural Resources

Court of Appeals of Minnesota

Decided June 1, 1999No. C1-98-2200PublishedCited by 16 opinions

1Opinion of the Court

OPINION

LANSING, Judge

The Department of Natural Resources appeals a district court’s order voiding, for lack of subject-matter jurisdiction, a 1986 district court order that designated a parcel of land as a protected wetland. We conclude that the jurisdiction at issue is not strictly subject-matter jurisdiction, and the landowners are not entitled to relief when they first object to the timeliness of the appeal 18 years after the appeal was filed and 12 years after entry of the judgment. We reverse.

FACTS

In 1979, the Department of Natural Resources (DNR) tentatively designated wetland 52-26,…

2Cases cited36 opinions

  1. Stoll v. GottliebSupreme Court of the United States · 1938
  2. Carlisle v. United StatesSupreme Court of the United States · 1996
  3. DLH, Inc. v. RussSupreme Court of Minnesota · 1997
  4. Robert James Lubben v. Selective Service System Local Board No. 27Court of Appeals for the First Circuit · 1972
  5. Jennifer N. Kocher Darlene Kocher Carl Kocher v. Dow Chemical Company E.I. Du Pont De Nemours & CompanyCourt of Appeals for the Eighth Circuit · 1997

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3Cited by16 opinions

  1. Eddie C. Pratcher, Jr. v. Methodist Healthcare Memphis HospitalsTennessee Supreme Court · 2013
  2. Davis v. StateMontana Supreme Court · 2008
  3. Bode v. Minnesota Department of Natural ResourcesSupreme Court of Minnesota · 2000
  4. Real Estate Equity Strategies, LLC v. JonesCourt of Appeals of Minnesota · 2006
  5. Commissioner of Natural Resources v. Nicollet County Public Water/Wetlands Hearings UnitCourt of Appeals of Minnesota · 2001

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