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STATE v. ARKELL

No. C1-02-856.

672 N.W.2d 564 (2003)

STATE of Minnesota, Respondent, v. John ARKELL, Appellant, Carriage Homes, Inc., Defendant.

Supreme Court of Minnesota.

December 31, 2003.

Attorney(s) appearing for the Case

Felhaber, Larson, Fenlon & Vogt, P.A., Eric J. Riensche, Richard A. Beens, Minneapolis, MN, for Appellant.

Attorney General — Criminal, Saint Paul, MN, Baudler, Baudler, Maus & Blahnik, LLP, Lee A. Bjorndal, Austin, MN, for Respondent.

Miriam Elizabeth Stone, Roseville, MN, Amicus Curiae, for Builders Association of the Twin Cities.

Winthrop & Weinstine, P.A., Thomas H. Boyd, Charles (CJ) Schoenwetter, Saint Paul, MN, Amicus Curiae, for Builders Association Minnesota and Builders Association of the Twin Cities.

League of Minnesota Cities, Susan L. Naughton, Saint Paul, MN, Amicus Curiae, for League of Minnesota Cities.

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

OPINION

GILBERT, Justice.

This case presents the question of whether alleged building code violations by a contractor, based on the construction work of a subcontractor, should be classified as a strict liability offense that does not require a mens rea element. The facts in this case are undisputed. Carriage Homes was a Minnesota corporation that engaged in multi-family residential and land-development projects...

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