3M CEO George Buckley
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A06-982 Juris Curiskis, Appellant, vs. City of Minneapolis, Respondent.
Hennepin County District Court, Hon. John Q. McShane.
1. When a city elects to use its charter rules, the charter provisions must be followed throughout the particular proceeding. State law applies to the extent adopted by the charter or made expressly or impliedly applicable by the state legislature. Where charter rules and statutory provisions overlap, the charter rules govern.
2. A property owner dissatisfied with the city council's confirmation of a special assessment is not required to have submitted prior written objections in order to preserve the right to appeal under Minneapolis, Minn. City Charter ch. 10, § 6 (2005).
3. A dissatisfied property owner has 30 days following the city council's confirmation of a special assessment to file an appeal with the mayor or city clerk and an additional ten days to file with the district court under Minneapolis, Minn. City Charter ch. 10, §§ 6, 8 (2005).
Reversed. Judge R. A. (Jim) Randall
A06-568 State of Minnesota, Appellant, vs. Daniel Alan Kuhlman, Respondent.
Court of Appeals.
Minneapolis Code of Ordinances sections 474.620 to 474.670, which make the owner of a motor vehicle guilty of a petty misdemeanor if the vehicle is photographed running a red light, are invalid because they are in conflict with the Minnesota Traffic Regulations, and specifically with Minn. Stat. § 169.06, subd. 4(a) (2006), and Minn. Stat. § 169.022 (2006).
Affirmed. Justice Sam Hanson.
Took no part, Justice Alan C. Page.