Legal Opinion
Heller v. Wolner
Supreme Court of Minnesota
Decided July 14, 1978No. 48063, 48250, 48077 and 48062PublishedCited by 15 opinions
1Opinion of the Court
PETERSON, Justice.
These three cases arose separately and were consolidated on appeal. The issue in each case is whether the county or municipal court lost jurisdiction over proceedings to revoke a motorist’s driver’s license because the court failed to hold a hearing or grant a continuance within the 30-day period specified in Minn.St.1976, § 169.127, subd. 3. 1 We hold that jurisdiction was not lost because the 30-day period is directory and not a limitation on the court’s jurisdiction.
The facts of the three cases are parallel and undisputed. The motorists were ar rested for driving while…
2Cases cited3 opinions
- Prideaux v. State Dept. of Public SafetySupreme Court of Minnesota · 1976
- Wenger v. WengerSupreme Court of Minnesota · 1937
- First Nat. Bank of Shakopee v. DEPT. OF COMM.Supreme Court of Minnesota · 1976
3Cited by15 opinions
- In Re the Civil Commitment of GiemSupreme Court of Minnesota · 2007
- Perry v. Planning Commission of the County of HawaiiHawaii Supreme Court · 1980
- Fedziuk v. Commissioner of Public SafetySupreme Court of Minnesota · 2005
- Szczech v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1984
- Bendorf v. Commissioner of Public SafetySupreme Court of Minnesota · 2007
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