A drainage authority’s actions under the drainage code are administrative. A drainage authority processing a petition for a proposed drainage project or repair acts in a quasi-judicial manner—the drainage authority receives evidence, draws conclusions, and makes orders. Drainage authorities investigate disputed claims and issue decisions or orders that are binding on the status or the condition of affected property in the same way that courts do judicially.829

Judicial review of quasi-judicial decisions made by an administrative body, like drainage authorities, is typically invoked by writ of certiorari to the court of appeals.830 A writ of certiorari is a request for an appellate level court, like the court of appeals, to review the record of evidence created by the administrative body. The reviewing court, rather than making its own conclusions from the record of evidence submitted to the administrative body, determines whether the administrative body’s determination was reasonable based on the information it had. This is a common element of administrative law. However, this type of limited review can be overcome if a legislative statue gives the county district court jurisdiction or authority to review the proceedings of the administrative body or to review all available, credible evidence to reach the court’s own conclusion.

FOOTNOTES

829 See Amundson v. Cnty. of Roseau, 1998 WL 436900 at *2 (Minn. Ct. App. Aug. 4, 1988) (citing Mahnerd v. Canfield, 211 N.W.2d 177, 179-80 (Minn. 1973)).
830 See Amundson v. Cnty. of Roseau, 1998 WL 436900 at *2 (Minn. Ct. App. Aug. 4, 1988) (citing Deitz v. Dodge Cnty., 487 N.W.2d 237, 239 (Minn. 1992)).

This page was last edited on 15 September 2016, at 20:38.

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