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GH HOLDINGS v. MINNESOTA DEPT. OF COMMERCE

No. A13-0281.

840 N.W.2d 838 (2013)

GH HOLDINGS, LLC, Petitioner, v. MINNESOTA DEPARTMENT OF COMMERCE, Respondent, Minnesota Petroleum Tank Release Compensation Board, Respondent.

Court of Appeals of Minnesota.

December 23, 2013.

Attorney(s) appearing for the Case

Daniel W. Voss , The Law Offices of Daniel W. Voss, PLLC, Minneapolis, Minnesota for petitioner.

Lori Swanson , Attorney General, Michael J. Tostengard , Assistant Attorney General, St. Paul, Minnesota for respondents.

Considered and decided by SCHELLHAS, Presiding Judge; STAUBER, Judge; and BJORKMAN, Judge.

OPINION

SCHELLHAS, Judge.

Invoking this court's original jurisdiction under Minn.Stat. §§ 14.44-.45 (2012), petitioner challenges the validity of Minn. R. 2890.4600, subp. 2(A), which purports to limit the evidence in a contested case to the evidence previously submitted to respondent board. Petitioner argues that rule 2890.4600, subpart 2(A), exceeds respondent-board's statutory authority and violates petitioner's right to due process. Because...

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