Legal Opinion · Concurrence

Marque Plumbing, Inc. v. Barris

Court of Appeals of Minnesota

Decided January 14, 1986No. CO-85-1295Published

1ConcurrenceFoley, Judge

Although I concur in the majority’s resolution on the merits of the case, I would dismiss the appeal as moot. It is well established that if pending an appeal, an event occurs which renders it impossible to grant any relief or which makes a decision unnecessary, the appeal will be dismissed. In re Township of Glendale, Scott County, 288 Minn. 340, 343, 180 N.W.2d 925, 927 (1970); Barnes v. Macken, 252 Minn. 412, 415, 90 N.W.2d 222, 226 (1958). Further, decisions by a court “should be limited to real controversies involving existing facts and rights asserted thereunder.” Dehning v. Marshall…

2Cases cited8 opinions

  1. Barnes v. MacKenSupreme Court of Minnesota · 1958
  2. State & Port Authority v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1946
  3. Village of Savage v. Minnesota Municipal CommissionSupreme Court of Minnesota · 1970
  4. Sisto v. Housing & Redevelopment Authority of DuluthSupreme Court of Minnesota · 1960
  5. Dehning v. Marshall Produce Co.Supreme Court of Minnesota · 1943

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