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Administrative Law

Administrative: Regulation-Wine Production-Standing to Challenge Regulation

Plaintiffs appealed from the grant of summary judgment to defendant, which held that plaintiffs lacked standing to challenge a Minnesota statute requiring them to manufacture their wine with a majority of ingredients produced in Minnesota. Where plaintiffs faced a legitimate ...

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Administrative: Taxation-Deficiency Proceeding-Attorney Fee Award

Plaintiff prevailed in a tax-deficiency proceeding. The tax court granted plaintiff’s attorney fee award, but denied an enhancement to the statutory hourly fee rate and also reduced the number of compensable hours. Where plaintiff’s case was a standard tax case ...

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Administrative: SSI and SSDI-Sequential Evaluation Process-Sufficiency of Evidence

Plaintiff appealed from the district court’s decision upholding the commissioner of Social Security’s final decision denying plaintiff’s applications for SSDI and SSI. On appeal, plaintiff argued that an administrative law judge’s findings in three steps of the statutory five-step sequential ...

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Administrative: Certificates of Convenience and Necessity-Statutory Authority-Validity of Rule

Kansas City Power & Light Company appealed an order of rulemaking issues by the Public Service Commission. The PSC adopted a new rule relating to certificates of convenience and necessity. On appeal, the company argued that the rule exceeded the ...

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Administrative: Permit Appeal-Timeliness

Where a property owner challenged the issuance of a permit to discharge water onto its property and the Administrative Hearing Commission dismissed its permit appeal as untimely, the judgment is reversed because the relevant statutes did not conflict and the ...

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Administrative: Light-Rail Project-Private Right of Action-Jurisdiction

Where a nonprofit group of residents challenged a district court order granting summary judgment to a regional transportation agency on a claim that the agency violated the National Environmental Policy Act, and the agency cross-appealed the court’s order denying its ...

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Administrative: Liquor License Application-Municipal Ordinance-Findings Of Fact

Where residents challenged the grant of liquor licenses to an establishment in their neighborhood, the judgment is reversed and remanded because the decision failed to include findings of fact on the issue of whether granting the application would be detrimental ...

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Administrative: Sales Tax Refund-New Vehicle Purchase

Where the administrative hearing commission found that car buyers were entitled to a sales tax refund resulting from credit for four vehicles sold within 180 days of purchasing a new vehicle, the judgment is reversed because the statute only allows ...

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Administrative: SSDI-Residual Functional Capacity-Sufficiency of Evidence

Plaintiff, who suffered from chronic pain and obesity, applied for SSDI. An Administrative Law Judge found that plaintiff suffered from six severe impairments but had residual functional capacity to perform light work with limitations. A vocational expert testified that jobs ...

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Administrative: SSDI-Erroneous Onset Date-“Subsidized” Earnings

Plaintiff applied for SSDI. The Social Security Administration mistakenly recorded plaintiff’s onset date and also learned that her earnings had been “subsidized.” Although it was recommended to move up plaintiff’s onset date to allow her to keep SSDI overpayments, an ...

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