Recently I commented on a growing level of concern regarding Gov. Tim Walz’s use of his statutory public safety “emergency” authority to promulgate wide-ranging and consequential executive orders affecting the state’s economy and citizens. While many groups, including health care and service organizations, were required to suspend their operations for at least two months, the
How Far Can the Governor Go On His Own?
Minnesota businesses and citizens have been operating under a Peacetime Declaration of Emergency, Executive Order 20-01, since March 16, 2020. The impetus for the Declaration was the rapidly-emerging Coronavirus as a global health crisis with far-reaching implications. Since the original Declaration, the governor has issued 75 Executive Orders addressing various COVID-related topics from health
Minnesota Supreme Court Holds Minneapolis Paid Sick and Safe Time Ordinance Applies to Employers Outside of Minneapolis
On June 10, 2020, the Minnesota Supreme Court issued a decision affirming the Court of Appeals and upholding the determination that the Minneapolis Paid Sick and Safe Time Ordinance (“Ordinance”) applies to employers outside of Minneapolis, finding that the Ordinance was not preempted by state law and did not violate the extraterritoriality doctrine.
In 2016,
Restaurants and Bars Allowed to Re-open—sort of
Gov. Tim Walz has announced that restaurants and bars in Minnesota will be allowed to re-open for sit-down service effective June 1st. Sort of. The caveat is that sit-down service must be restricted to outdoor seating areas only, with criteria for maintaining social distancing amongst both guests and staff. Previously, restaurants had been
Shelter in Place: Take It or Leave It?
Minnesota, like many states across the country, is gradually trying to loosen the restrictions on its citizens so that we can try to return to some level of normalcy. Most recently, Gov. Tim Walz (D-MN) let his “shelter in place” executive order lapse. This means that a broad mix of businesses, non-profits and government agencies
Navigating State and Local Governments During a Pandemic: How Continuing Government Action on Major Issues Can Impact Your Investments
Peter Coyle and Jacob Steen discuss the land use, government relations and regulatory environment during the COVID-19 pandemic. They share examples of how Larkin Hoffman has been able to assist clients in overcoming the unique challenges presented by a statewide stay-at-home order and discuss the ways that the global pandemic has shaped the local land
How Will COVID-19 Affect Real Estate Values?
Those of us in the real estate practice—and particularly in areas concerning real estate valuation such as eminent domain and property tax appeals—are obviously quite concerned about the impact of the COVID-19 pandemic on our clients’ property values as we all proceed through these very uncertain times. I think about two upcoming quick-take hearings that
Are Attorneys’ Fees Recoverable on a Mechanics’ Lien Claim Involving a Homestead?
Under Minnesota law, a contractor may collect reasonable attorneys’ fees in a mechanics’ lien foreclosure action even if the property is a homestead. The amount of the award is in the discretion of the court. That is not the case in every state as recently illustrated in Iowa.
Historically, Iowa has liberally construed its mechanics’
When do Statutes of Repose Begin to Run on Condominium Projects?
A statute of repose defines the date by which a particular type of claim must be asserted before it becomes untimely, or “stale,” and can no longer be pursued. This provides designers and builders of construction projects some security that, after a certain date, they cannot be hauled into court to answer for their alleged
Another City Attempts to Collect Illegal Transportation Fees – Struck Down by the Court Again
The development community has long maintained that the practice of cities exacting transportation fees or charges from developers as a condition of development approval is illegal, but the issue had not been directly and fully addressed by the courts until the Minnesota Supreme Court handed down its decision in Harstad v. City of Woodbury in