Legal Opinion · Concurrence
Save Mille Lacs Sportsfishing, Inc. v. Minnesota Department of Natural Resources
Court of Appeals of Minnesota
Decided February 17, 2015No. A14-679Published
1ConcurrenceHudson, Judge
I agree with the majority that the petitioners are not entitled to a declaration that the challenged rule is invalid. But I write separately because I would not reach the merits of this petition and would instead conclude that petitioners lack standing to challenge the validity of the rule in a pre-enforcement proceeding.
Standing is a doctrine encompassed by the broad concept of justiciability, which relates “to the court’s ability to redress an injury through coercive relief.” State ex rel. Sviggum v. Hanson, 732 N.W.2d 312, 321 (Minn.App.2007). “The concept of jus-ticiability forms a…
2Cases cited8 opinions
- State Ex Rel. Humphrey v. Philip Morris Inc.Supreme Court of Minnesota · 1996
- Snyder's Drug Stores, Inc. v. Minnesota State Board of PharmacySupreme Court of Minnesota · 1974
- Annandale Advocate v. City of AnnandaleSupreme Court of Minnesota · 1989
- State Ex Rel. Sviggum v. HansonCourt of Appeals of Minnesota · 2007
- Minnesota Chamber of Commerce v. Minnesota Pollution Control AgencyCourt of Appeals of Minnesota · 1991
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