STATE, DPS v. ELK RIVER READY MIX CO.

No. C5-88-1162.

430 N.W.2d 261 (1988)

STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Respondent, v. ELK RIVER READY MIX CO., INC., Appellant.

Court of Appeals of Minnesota.

October 18, 1988.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Jeffrey S. Bilcik, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Wm. Christopher Penwell, Grossman, Karlins, Siegel, Brill, Greupner & Duffy, Minneapolis, for appellant.

Heard, considered and decided by WOZNIAK, C.J., LANSING and KALITOWSKI, JJ.


OPINION

KALITOWSKI, Judge.

Appellant, Elk River Ready Mix Company, Inc., pleaded guilty to operating a vehicle weighing over the maximum allowable gross weight in violation of Minn.Stat. § 169.825, subd. 10 (1986). Pursuant to Minn.Stat. § 169.871, (1986) respondent initiated a civil action against appellant to recover civil penalties. The trial court found both Minn.Stat. § 169.825 and Minn. Stat. § 169.871 constitutional and ordered...

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