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BENDORF v. COMMISSIONER OF PUBLIC SAFETY

No. A05-1484.

712 N.W.2d 221 (2006)

Charles J. BENDORF, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

April 18, 2006.

Attorney(s) appearing for the Case

Stefan A. Tolin, Minneapolis, MN, for appellant.

Mike Hatch, Attorney General, Jeffrey F. Lebowski, Sean R. McCarthy, Peter D. Magnuson, Assistant Attorneys General, St. Paul, MN, for respondent.

Considered and decided by MINGE, Presiding Judge; TOUSSAINT, Chief Judge; and RANDALL, Judge.

OPINION

TOUSSAINT, Chief Judge.

Appellant Charles J. Bendorf challenges the district court's order sustaining the revocation of his driver's license on the ground that he is entitled to a rescission of the revocation. Because the remedy for scheduling the revocation hearing under a statutory provision subsequently declared unconstitutional is not a rescission but a stay of revocation, we affirm.

FACTS

Minn.Stat. § 169A.53, subd. 3...

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