Elzie v. Commissioner of Public Safety
Supreme Court of Minnesota
1Opinion of the Court
SHERAN, Chief Justice.
This is an appeal from an order dismissing with prejudice plaintiffs’ consolidated declaratory judgment action in response to a Rule 12.02 motion. Since allegations of constitutional error in the complaint preclude dismissal under Rule 12.02, we reverse and remand to permit plaintiffs to present their case.
The three declaratory judgment actions which are the subject of this appeal were brought to challenge the notice and hearing procedures of Minn.Stat. ch. 171 (1978) followed by the Commissioner of Public Safety when he suspends or cancels the driver’s licenses of…
2Cases cited13 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Sibron v. New YorkSupreme Court of the United States · 1968
- Bell v. BursonSupreme Court of the United States · 1971
- MacKey v. MontrymSupreme Court of the United States · 1979
- Dixon v. LoveSupreme Court of the United States · 1977
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3Cited by75 opinions
- Kahn v. GriffinSupreme Court of Minnesota · 2005
- Barton v. MooreSupreme Court of Minnesota · 1997
- Witzman v. Lehrman, Lehrman & FlomSupreme Court of Minnesota · 1999
- Application of MinnegascoSupreme Court of Minnesota · 1997
- Federated Mutual Insurance Co. v. Litchfield Precision Components, Inc.Supreme Court of Minnesota · 1990
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