MATTER OF McCULLOCH

A22-0148 A22-0273.

980 N.W.2d 599 (2022)

In the MATTER OF the Administrative Penalty Order and License Suspension Issued to Kevin McCULLOCH and Mission Tavern, Inc., d/b/a Mission Tavern (A22-0148). In the Matter of the Administrative Penalty Order and License Suspension Issued to Norman Sugden (A22-0273).

Court of Appeals of Minnesota.

Filed September 19, 2022.


Attorney(s) appearing for the Case

Richard Dahl , Dahl Law Firm PA, Brainerd, Minnesota (for relators Kevin McCulloch, Mission Tavern, Inc., and Norman Sugden).

Keith Ellison , Attorney General, Megan J. McKenzie , Lindsay K. Strauss , Assistant Attorneys General, St. Paul, Minnesota (for respondent Minnesota Department of Health).

Considered and decided by Smith, Tracy M., Presiding Judge; Segal, Chief Judge; and Smith, John, Judge.


OPINION

Relators in these consolidated appeals challenge enforcement actions brought by respondent Minnesota Department of Health (MDH) for violating provisions of the governor's COVID-19-related emergency executive orders. Relators argue that MDH lacked statutory authority to enforce the governor's emergency executive...

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