*1 treated May’s pension annuity as Loydene HOMES, HANS estate, HAGEN personal May’s of Richard
part INC., Respondent, improperly seeking to is representative May’s election from a change Richard Loydene May’s pen- percentage” of “fixed MINNETRISTA, Appellant. CITY OF equal lump sum that payments sion No. A05-1686. cash value” of Richard “present May’s annuity in May’s Loydene interest Appeals Court Minnesota. personal representative payments. May 2006. argument, her un- rejects reading Loydene May stating equivocally parties agreed that
“correct”' that per- fixed May
Richard would receive a May’s annuity páy-
centage Loydene “[djiscussion
ments, value’ is ‘cash [ejstate is not
misplacedf,]” “[t]he and that Accordingly,
asking paid now.” to be cash fur- not address these concerns need
ther.
DECISION in identify failure to her Appellant’s n argued an Case issue
Statement preclude does not us from
in her brief
addressing that issue. We reverse the annuity pay- award of the court’s
district
ments; respondent, per- here to issue
sonally. spouse’s Because former entry of the dissolution
death after before the but issuance
judgment, order, does
qualified domestic .relations entry of a preclude qualified do- ' order, we affirm the mestic relations n of the district order re-
portion, court’s cooperate
quiring -.appellant
drafting- qualified domestic relations
order and remand -for issuance and appropriate
implementation order. part, part, reversed
Affirmed
remanded. *2 city. May parcels, within the
six rezoning appli- Hagen Homes submitted city, requesting cation to the rural parcels agricultural rezone its from *3 Cleve, Rivas, B. Gary A. Jessica Van comprehensive and amend its to R-4-PUD Ltd., Daly Lindgren & Larkin Hoffman adjust provide the plan MUSA line to MN, respondent. Minneapolis, for Hagen parcels public with ser- Homes’ Hoff, Morken, Hoff, George Amanda C. city an vices. The asked for extension of Kuderer, Prairie, MN, P.A., Barry Eden & statutory ap- time limit to sixty-day the appellant. for deny application; Hagen prove or the eventually agreed Homes a November by and decided Considered 30, 2004 deadline. LANSING, TOUSSAINT, Judge; Chief RANDALL, Judge. Judge; and 4, 2004, city the On October council held hearing application. on the A public
OPINION city planner presented Minnetrista infor- LANSING, Judge. Hagen mation Homes’ and a request, on pro- the company representative described summary judg- for On cross-motions ject hearing After further detail. ment, granted district court Hans Ha- comments, and presentations public en- gen petition Homes’ for mandamus to city finding application, denied 15.99, (2004), subd. force MinmStat. Hagen requests Homes’ were inconsistent City and of Minnetrista to directed city’s comprehensive plan with the and Hagen application Homes’ for re- approve zoning metropoli- for traffic expanding necessary. and further studies were city appeals, tan-urban-service area. The city adopt The did not findings written and, because we conclude that the district until meeting its October when it properly court construed formally passed denying a resolution Ha- 15.99, 2(c), of section subdivision as manda- request. Hagen gen Homes’ Homes did tory, we affirm. representative meeting. have city posted The minutes of the October FACTS meetings and 18 on its website before the Homes, Inc., Hagen Hans petition filed a 30, 2004 deadline for action November on compel for a writ of mandamus to application. Copies of the resolution of Minnetrista to approve Hagen Homes’ city forty- were available at hall also for and application rezoning amending for eight adoption. hours after The city its city’s comprehensive plan that would however, not, provide did Hagen Homes adjust metropolitan-urban-service-area a copy with of the resolution until Decem- (MUSA) line. On for sum- cross-motions 9, 2004, Hagen requested ber when Homes mary judgment, the district court denied copy city. from the motion, city’s granted Hagen Homes’ part, city motion in and directed the Hagen March 2005 Homes filed a approve application. The district court mandamus, petition contending for that it Hagen request denied Homes’ mandamus was entitled its approve conceptual plan, site city of law as matter because the did not disputed this denial is not on appeal. provide Hagen with a Homes written statement of denial and the reasons for agree Homes and the on the essential facts. denial before November as re- ap- Homes owns land, proximately 15.99, quired by acres of divided into subd. 2 Minn.Stat. city appeals from the district subdivisions of section 15.99. The first subdivision, summary Ha- judgment granting court’s which has no petition. contention, gen Homes’ mandamus consists of definitions. See Minn.Stat. subd. 1 (defining ISSUE request, agency, application). by concluding Did the district court err “agency” term includes all city’s that a failure applicant an Id., 1(b). home-rule cities. subd. The city with a written statement of its reasons dispute agency does that it gov- denying an rezoning erned the time deadlines agency extending a line the expira- MUSA before action. The second subdivision has three *4 § tion of the Minn.Stat. 15.99 for deadline subparts addressing the for deadline re- in action a of resulted as matter Id., sponding (2004). to requests. subd. 2 law? of first and last subparts these are at of dispute. the core this The third and ANALYSIS final subdivision provides requirements the mandamus, To obtain a writ of a Id., applications for and extensions. subd. petitioner must establish that the law to (relating applications and ex- clearly requires performance the of the action). agency tensions Hagen mandatory purely or ministerial act for city that, Homes and the do dispute which the writ will issue. Minn.Stat. city’s request, the Hagen Homes extended (2004); Davis, 586.01 McIntosh v. city’s the deadline for response the to No- (Minn.1989). N.W.2d a Whether they vember But 2004. dispute the petitioner grounds has established the nec (c) of of significance subpart the third sub- essary to of support the issuance a writ is division, provides which agency an McIntosh, question a of law. days its response sixty sends within at 118. request the written meets the deadline for id., 3(c) agency action. (allowing See subd. summary judg The district court’s agency prove compliance by to document- ment granting the mandamus and petition ing response sixty days sent within of writ- directing city approve Hagen the to application). ten application solely Homes’ is based on the city’s provide Hagen failure to Homes with The first of core in the dis- city’s a written statement of the reasons 2(a), pute, opera- subdivision the contains for denial expiration before of the response language agency’s tive that transforms an 15.99, deadline as required by Minn.Stat. respond failure to to an within application 2(c) (2004). subd. Because Homes sixty days approval: into an city and the not dispute do the material in Except provided as otherwise facts, independent we exercise review to section, 3b, section subdivision determine whether district court the erred or chapter notwithstanding any in its language the contrary, other agency law the an undisputed the facts. Wiegel See approve deny days must or within 60 a Paul, St. request relating zoning, septic written (Minn.2002) (stating that systems, expansion metropoli- of the undisputed statute facts is de reviewed tan permit, for a urban service area novo). license, governmental approval or other city’s re of an action. Failure an agency Homes’ the spective arguments narrowly deny request the days ap- focus on a structure and text of the proval request. agency second and third an If violation it must state writ- request,
denies at the 2. the denial subdivision ing reasons request. it denies time that statute, meaning a ascertaining added). 2(a) Id., The sec- (emphasis subd. legislative effectuate the goal our provisions, subdi- disputed core ond of the If the Minn.Stat. 645.16 intent. 2(c), that a the actions vision lists unambiguous, of the statute is language body, must com- council, a multimember as Id.; plain meaning. its Kersten apply effectively application: deny plete to Co., Mut. Ins. Minn. Life body governing denies If multimember statutory lan- If the 874-75 state the reasons request, must unclear, however, we consider guage is on the record denial legisla- that would reveal the other factors writing statement of applicant law, intent, including need for the tive If the written for the denial. reasons enactment, circumstances adopted at the is not same statement statute, consequences purpose denial, adopted at it must be time as con- interpretation, particular following the denial of meeting the next Minn. legislative history. temporaneous *5 expiration the of request the but before 645.16; Loge, N.W.2d Stat. State v. 608 making a the time allowed decision 152,155 state- this section. The written under determine whether a statute We must consistent with the rea- ment be plain meaning by reviewing a its con has at the time of stated in the record sons and framework. v.1996 Mer tent Genin must the The written statement denial. (Minn. 114, 117 cury Marquis, 622 N.W.2d applicant upon adop- be to the provided 2001). Reviewing statutory language tion. analyze the plain meaning requires us to added). 2(c) Id., The final (emphasis subd. in full of the act or language the context issue, provision at contained in subdivision provision. Dep’t v. Conser Christensen of 3(c), sending a provides the deadline Fish, 493, vation, Minn. 499- Game & 285 response: (1970) 433, 500, (observing 175 437 N.W.2d 60-day the agency response An meets must be read as whole that statute if can document agency time limit the from meaning that should be ascertained was sent within 60 response that the context). a must sections of We consider the days receipt request. of of written together plain to mean statute determine 3(c). Id., subd. Ass’n ing. Chanhassen Estates Residents (c) argues subpart that because 335, Chanhassen, v. 342 N.W.2d of 2, (a), subpart of unlike does subdivision (Minn.1984); Barry, see v. 339 also Smith clause, penalty not a the violation contain 187, 324, Minn. 17 N.W.2d (c) subpart .not requirement of a in does (1944) must be (instructing that statute in of the applica- result automatic give considered as whole to harmonize and city argues tion. the a Specifically, that all provisions). to effect requirement “provide of violation Determining integrated plain writing in applicant statement meaning us “read a requires particular sixty-day for the within the reasons denial” provision in other context with deadline, extension, or an authorized does in of the same statute order determine approval. result automatic particular meaning provision.” of of requirements counters that Homes Dakota, County Eagan, ILHC LLC v. mandatory and that the subdivision are (a) (Minn.2005); see also penalty subpart applies clause Neighborhood successively aspects Glen Paul Court Ass’n focuses on various (Minn.1989) Paster, 52, 56 deadline, response a presumption that (recognizing that must sections statute the contents of each subdivision must be together arrangement read because parallel restated in the subdivisions would may provide plain Kol meaning); sections defeat purpose the obvious of the serial Inc., lodge Appliances, v. F. L. & division. The context and the coordinated 357, 360, Minn. effect that penalty establish subdivi- (stating particular provision of statute 2(a) with, sion is interrelated and applies context). cannot be read out to, 2(c). in subdivision 2(a)’s Importantly, if penalty subdivision Supreme recog Court has 2(c), did not apply subdivision the stat- that, in discerning plain meaning, nized ute no provide penalty would for violating provision ambiguous that seems in iso mandatory requirements in subdivision may lation be clarified the remainder 2(c). terminology the statute “the same because [may used be] elsewhere context 2(a) 2(c) Finally, unless subdivisions meaning only makes its clear or because provide penalty combine to of automat- permissible meanings produces one ically granting the if agen- that is compatible a substantive effect with cy response does not a written the rest of the United law.” Sav. Ass’n the applicant sixty days, the lan- Ltd., Assocs., Timbers Forest Inwood 3(c) guage of subdivision make 484 U.S. 108 S.Ct. 3(c) sense. Subdivision provides (1988) (citation omitted). L.Ed.2d 740 “agency response 60-day meets the time *6 Thus, statutory construction includes agency limit if the can document that the only words, specific attention to the but response days was sent within 60 specific also “the context which that request.” written Unless the failure to used, language is and the broader context provide response the applicant written the statute as a whole.” v. Robinson triggers penalty, the automatic-issuance Co., 337, 341, Oil U.S.
Shell
519
117 S.Ct.
the
sixty-day
reference to the
limit would
Finally,
Reading the subdivisions of section 15.99 ambigu- does not that the statute is assert together plain meaning reveals that argues plain meaning ous but for a that interdependent functioning evident the would isolate rather than harmonize subdi- 2(c) the in- subdivisions. Subdivision 2(a) 2(c). accept city’s visions To the 2(a) by terrelates with provid- subdivision argument, reject we would have to the ing specific additional and more explana- plain meaning contextual inheres in that requirements. tion of its The district interdependent sections, the divide rather correctly court that sub- reasoned because (c) text, than the (a), harmonize and constrain or part subpart refers the back 3(c). void penalty applies though leg- same even the effect subdivision We the reject islature did not it a into would have to appellate insert second time also caselaw (c). subpart In that explicitly implicitly interprets a subdivided section initially applica- commission denied Veit’s subdivision requirements section deadline, pro- 2, mandatory necessary complete tion within the but failed as agency action. Id. reasons for the denial. the deadline vide written county it fulfilled argued 727. The Fairmont, Inc. v. Town In Manco of pro- purpose of the statute because Township, 583 N.W.2d Rock Dell Board of denial time limit vided written within the (Minn.App.1998), review denied action, agency public-hearing and the 1998), (Minn. this court deter Oct. transcript county demonstrated requirements subdivision mined that denying had a basis reasonable mandatory because statute were Id. at concluded application. 727-28. We consequences of a failure to “expresses that, transcript even if the had suffi- been Demoli comply provisions.” with requirement satisfy writing Services, cient City Du tion LLC Landfill 2(a), the luth, record contained no subdivision (Minn.App. 281-82 (Minn. 25, 2000), ap- 2000), county provided that the July evidence review denied plicant copy with a deadline again characterized the before the 2(c). mandatory expired, required by as essen as subdivision subdivision After court tial to an effective denial. Consequently, at 730. we held that the Id. Landfill, issued and Demolition Manco approved was as a matter of by2 amended subdivision legislature law. Id. (b) (c). subparts Minn. adding plain meaning of subdivision 41, § Although the Laws ch. 1 at 322. agency appli that the must impact directly do not our amendments cant a written statement of the reasons for analysis, notably did not legislature denying sixty-day an application within the indication include in amendments deadline, or an authorized exten that the subdivision were sion, failing and that to do so results in Id.; mandatory. see Minn.Stat. as a matter of 645.17(4) (stating presumption 645.16; Ed law. Minn.Stat. Herman & that, statute, leg court after has construed Russell, Sons intends same construction in sub islature *7 laws); Anderson, sequent v. 666 State (Minn.2003) (“[Wjhen meaning Plain is 696, governing 700 N.W.2d statutory principle applying all lan legislature does not amend our construc Yet, statute, give guage. tion of a the court’s construction Minnesota courts will not stands.”). Finally, year plain produces earlier this effect to if it meaning that concluded simultaneous-written- absurd unreasonable result that is 2(a) reason subdivisions plainly at policy variance with the 2(c) mandatory are and must be com legislation as a whole. Minn.Stat. deadline, sixty-day or an pleted 645.17(1) within the (2004); see also Olson Ford extension, for agency authorized action. (Minn. Co., 491, Motor 495 County, Veit Co. v. Lake 1997) (discussing to avoid re need absurd (Minn. (Minn.App.2006), 730 review denied sult); Revenue, Wegener v. Comm’r 2006). Apr. (Minn.1993) (discussing N.W.2d need to avoid unreasonable result at vari Significantly, presented an issue Veit ance purpose). with statute’s This court required hybrid application that also 2(a) 2(c) that under previously has determined subdivisions because both (a) (c) lying purpose of 15.99 to “estab subparts writing address the section is Veit, requirement. county planning governments time for local lish[ ] deadlines (Minn. applications.” on zoning (Minn.App.2002), to take action review denied Dev., River, City Inc. v. Elk 25, 2002); Sept. see also v. City Moreno Tollefson (citing 554 (Minn.App.2003) N.W.2d Minneapolis, 6 (Minn.App N.W.2d Tower, Grant, City Am. L.P. v. 636 .2004).(holding that was ap (Minn.2001)). 309, 312 our N.W.2d Thus proved as matter of law though it even was plain determination of statute’s mean extraordinary remedy). harsh and When ing purpose is consistent with the manifest language plain, a statute’s is the function 15.99. section of the courts is to enforce it according to its terms. Minn.Stat. 645.16. We there city contends the auto fore affirm the district- summary court’s matic dis application is a judgment petition on the fail proportionate sanction for technical mandamus. Hagen ure to mail the resolution to Homes, particularly because DECISION dispute does not Homes had actual Because the to provide failed application’s notice denial. We Homes with a written statement of the harsh, agree that penalty and we reasons for denying within special share the observations of the con agreed-on extension of the sixty-day prejudice currence that requirement deadline, the district court did err temper injustice. the risk of public granting judgment summary in the manda- statutory But provision when on clear mus determining action and appli- that the its face and consistent with the manifest approved cation was as a matter of law. purpose legislature, courts do not
subject analysis the statute to further be Affirmed. cause without deference to clear language, “legislators difficulty will have RANDALL, Judge (concurring special- imparting a meaning stable to the statutes ly)- Co., they Republic enact.” Krzalic v. Title (7th Cir.2002) today correctly interprets The court (recog F.3d 879-80 express nizing plain language meaning deference to of Minn.Stat. 15.99 keeps government branches in equilibri Today’s represents decision “preserve[s] um language as an effec present legislative intent of section tive legis medium of communication from requires municipalities which to courts”). latures petition- written notice of a decision to the (a strict) ing party days. Am. presume that legisla We must Grant, 309,' Tower ture understood the effect of its words and *8 (Minn.2001), County, 313 Veit Co. v. Lake intended the to language statute be 725, 707 (Minn.App.2006), N.W.2d 728-29 effective and certain. Minn.Stat. (Minn. 2006). 18, review denied Apr. To- 645.17(2); Olds, § Asperen Van Darling day’s finding is in with the accordance Inc., 690, 254 Minn. I plain language of section 15.99. write approval of “While automatic a separately to underscore the inherent dan- permit application extraordinary is an ger rigid I legislative, sug- this scheme. remedy, appellate Minnesota courts have gest by this must be issue revisited grant remedy shown no reluctance to this Supreme Court legisla- Minnesota or the and enforce the of section changes pro- ture to make the a needed satisfy has failed to clear 15.99[if] its requirements.” municipalities citizenry N. tect their from States Power Co. and Heights, 919, negligence Mendota unnecessary liability, while not of par- policies passing of decisions or due right aggrieved
interfering with the deadlines, arbitrary legislature remedies. pursue ties to in Terrell to amended the statute at issue Minnetrista, find like Municipalities, showing a of actual require prejudice. in a difficult situation. When themselves 592, § Laws ch. at 1282. 1984 Minn. variance, a asked for Minne- Hagen Hans then Subsequent decisions from court injurious a variance trista deemed such scrutiny ad- apply did same strict deny ultimately sought request. supreme court Terrell ministered today, this court reaches decision statute, legislature’s change rigid partly due to the on a based See, type take into consideration cannot v. State Farm e.g., heart. LaFriniere Hagen, Hans and the sought by Co., C5-88-1582, variance Mut. Auto. Ins. No. any actual Hans to exhibit failure of Mar.21,1989). *2 (Minn.App. at WL prejudice. general, prejudice actual need be shown a L & may recovery. or there limit to instance, Hagen sought to had Hans
For
Inc.,
unit,
Transport,
Agency,
H
Inc. v. Drew
tire-burning industrial
a
construct a
(Minn.App.1985),
a monstrous metal-
power plant,
coal-fired
aff'd
(Minn.1986)
battery/freon dispos-
plant, a car
...
shredder
some latitude severely impact that will those the
decision charged protect.
municipality
