![]() Separation of powers concerns, the limited standard of review on certiorari is better suited Judicial review of the city's decisions, it is the most appropriate. While the writ of certiorari is not the only mechanism by which Triax could obtain Triax nevertheless urges this court not toĮxercise jurisdiction and to allow the claims to be heard in the district court instead. Triax concedes that this court has certiorari jurisdiction over this appealĬoncurrently with the federal district court. The burden of making a record, like theīurden of proof, falls on the agency. The court will reverse when the evidence does not provide a substantial basisįor the agency's decision as a matter of law. On certiorari, the court must examine theĮvidence to ascertain whether it furnished any legal and substantial basis for the action Review is deferential and limited in scope. ![]() 5 and 6.Ĭertiorari lies to review the quasi-judicial acts and proceedings of a municipalīody. We opt to exercise jurisdiction, affirm non-compliance orders Nos.ġ through 4, and reverse non-compliance orders Nos. Alternatively, Triax argues that its alleged non-compliance is excused byīonine's negligence. Triax next argues that the record does not support the city's findings of Instead, it should allow the claims to be heard in the federalĭistrict court. On certiorari, Triax first argues that this court should choose not to exercise Hired to install its underground utilities, alleging negligence and breach of contract. ![]() (Bonine), a construction company the city Subsequently filed a negligence and breach of contract action in federal district courtĪgainst the city and Bonine Excavating, Inc. The Savage Cable Commission Franchise Ordinance (Savage franchise). Service requirements of the Federal Communications Commission (FCC) and a portion of The Savage City Council (city council) finding Triax in non-compliance with customer Triax took these consolidated certiorari appeals from resolutions of Triax Midwest Associates (Triax) operates the cable television franchise in theĬity of Savage (city). Cole, Kennedy & Graven Chartered, 470 Pillsbury Center,Ģ00 South Sixth Street, Minneapolis, MN 55402 (for respondent)Ĭonsidered and decided by Toussaint, Chief Judge, Huspeni, Judge, and, Forsberg Judge. Norwest Financial Center, 7900 Xerxes Avenue South, Bloomington, MN 55431 (for relator) Susag, Larkin, Hoffman, Daly & Lindgren, Ltd., 1500 This opinion will be unpublished andĬhristopher J. Triax Midwest Associates, L.P., Relator, vs.
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