MANUFACTURED HOUSING INSTITUTE v. PETTERSEN

No. C7-83-124.

347 N.W.2d 238 (1984)

MANUFACTURED HOUSING INSTITUTE, et al., Appellants, v. George R. PETTERSEN, Individually, et al., Respondents.

Supreme Court of Minnesota.

March 23, 1984.


Attorney(s) appearing for the Case

Stephen H. Cohen, Minneapolis, for appellants; Edward F. Canfield, John Gerstein, Washington, D.C., of counsel.

Hubert H. Humphrey, III, Atty. Gen., Paul G. Zerby, John Breviu, Audrey Kaiser Manka, Sp. Asst. Attys. Gen., Minneapolis, for respondents.

Heard, considered, and decided by the court en banc.


SIMONETT, Justice.

Appellants contend that a Minnesota Health Department rule setting a maximum indoor air level of formaldehyde in newly constructed housing units is invalid. They claim that the Commissioner of Health exceeded his authority in promulgating the rule, and that the rule is unconstitutional. They further claim the district court erred in restricting its review solely to the record in the administrative rulemaking proceeding. We hold that judicial review...

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