NOVAK v. KIRBY

No. 49903.

287 N.W.2d 621 (1979)

Edward G. NOVAK, Acting Commissioner of Public Safety, State of Minnesota, Petitioner, v. The Honorable John J. KIRBY, Judge of the Municipal Court of Ramsey County, Respondent.

Supreme Court of Minnesota.

Rehearing Denied January 14, 1980.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Eric B. Schultz, Deputy Atty. Gen., Frederick S. Suhler, Jr., Sp. Asst. Atty. Gen., St. Paul, for petitioner.

Karen C. Shimon, St. Paul, for respondent.

Heard, considered and decided by the court en banc.


SHERAN, Chief Justice.

This appeal, involving a petition for writ of prohibition, arises from the revocation of a driver's license by the Acting Commissioner of Public Safety in contravention of an order of the Ramsey County Municipal Court. We deny the petition for prohibition and find within the municipal court the authority to stay the revocation of drivers licenses pursuant to Minn.Stat. § 169.121, subd. 5 (1978).

On February 2, 1979, the Administrator...

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