MORPHEW LAW OFFICE WINS SIGNIFICANT DECISION FROM THE MINNESOTA SUPREME COURT

As was noted in a prior blog post, Morphew Law Office is representing Midway Pro Bowl as a result of it being forced to relocate by the City of St. Paul to accommodate the construction of Allianz Field, the home of Minnesota United Soccer Club.  Despite being displaced by the soccer stadium project, the City denied Midway Pro Bowl’s eligibility for relocation benefits and refused to compensate it for any of the costs it incurred in moving to its new site in Apple Valley, MN.

In December 2019, that case made its way to the Minnesota Supreme Court on the issue of whether the Minnesota Court of Appeals had jurisdiction over Midway Pro Bowl’s appeal of the denial of its eligibility for relocation benefits.  At the Supreme Court, the City raised many baseless arguments as to why the Court of Appeals did not have jurisdiction over Midway Pro Bowl’s appeal and because of that its case should be dismissed.  The City’s argument was based upon the unfounded allegation that Midway Pro Bowl did not properly file its appeal with the Court of Appeals within the necessary thirty-day appeal period.

On January 15, 2020, issued its decision in favor of Midway Pro Bowl.  In reaching its decision, the Supreme Court noted the language in the applicable appeal statute was unambiguous and that Midway Pro Bowl complied with the mandatory requirements of that statute.  Specifically, the Supreme Court held, “because Midway filed and served the petition for the writ of certiorari on the City within the 30-day deadline in section 14.63, we conclude that Midway properly invoked the court of appeals’ jurisdiction.” In re Midway Pro Bowl Relocation Benefits Claim, (Minn. 2020).

As a result of the decision by the Supreme Court, Midway Pro Bowl will be able to present its claim of eligibility for relocation benefits to the Court of Appeals.

If you or your business was forced to relocate as a result of a government public improvement project, an experienced eminent domain and relocation benefits lawyer can make sure your interests are protected and you receive all of the relocation benefits you are entitled to under the law.  If you are facing such a situation contact Jon Morphew at Morphew Law today.