Mohrman, Kaardal & Erickson, P.A.Mohrman, Kaardal & Erickson, P.A.2026-08-06T09:09:41Zhttps://www.mklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303739/2024/03/cropped-mohrman-site-icon-32x32.pngOn Behalf of Mohrman, Kaardal & Erickson, P.A.<![CDATA[How should you address a delayed or denied permit?]]>https://www.mklaw.com/?p=494422026-08-03T09:15:14Z2026-08-06T09:09:41ZPermit windows and timeframes
Under Minnesota law (Minn. Stat. § 15.99), agencies reviewing land use and zoning requests must approve or deny written permit requests within 60 days or the law automatically approves the request. An agency may extend this deadline once for up to 60 days. They need to provide a written notice stating the specific reasons for the extension before the initial period expires.
Always check the deadlines and requirements to ensure fewer delays. Any requests for extensions beyond the initial 60-day extension need your written consent.
Why you encounter delays
Understanding how permits get stalled is the first step to finding a solution for denials. Here are a few reasons why you may have received a denial or delay—and what your plan of action should be.
Incomplete applications: If an application is incomplete, the agency must notify you in writing within 15 business days of receipt detailing the missing information. If they fail to do this, they lose the right to pause the 60-day clock, which continues to run.
Shifting requirements: Sometimes staff may “interpret” city ordinances differently midway through or add conditions staff never mentioned earlier. Moving the goalposts of your design inevitably delays your application. If you encounter this issue, your best course of action is to request the specific ordinance or code section for the requirement. Sometimes, “requirements” are not actually mandatory, but fall under agency discretion.
Political pressure or neighbor objections: Local opposition to your project can slow down your timeline. A well-organized group can pressure local agencies to impose unreasonable conditions. It may lead to “compromises” that may impact the viability of your project. You must ensure the agency is still honoring set deadlines and legal criteria.
Obtaining permits is one of the key issues that can prevent your project from getting off the ground. You can combat inefficient bureaucracy with smart legal strategies. When facing unreasonable delays or denials, you may want to seek a legal professional who can advise you on your next steps and protect your timeline.]]>On Behalf of Mohrman, Kaardal & Erickson, P.A.<![CDATA[How should you react to a stop-work order?]]>https://www.mklaw.com/?p=494402026-07-29T08:01:25Z2026-07-29T08:01:25ZYou cannot take a stop-work order lightly. It has the potential to bring your construction project to a grinding halt. In Minnesota, how you respond to this order can make all the difference. Here is what you need to know.
What does a stop-work order mean?
If your ongoing construction violates the established building codes or poses a threat to life, a building official may send you a stop-work order to halt the project. The order should be in writing and can be issued to the owner of the property or the contractor present on-site.
Why did you get the notice?
When municipal or state agencies identify noncompliance or zoning issues, they may issue a notice to halt the construction. Typical reasons for a notice include:
Unlicensed work: Lacking proper contractor licenses or required permits
Noncompliant builds: Building outside the parameters of your approved plans
Hazardous environments: Exposing workers or the public to unsafe conditions
Zoning and environmental issues: Ignoring local land-use or environmental rules
Your timeline for getting back to work directly depends on the severity of the issue, ranging from quick paperwork fixes to complex safety remedies.
What should you do next?
As soon as you get the notice, you should cease all construction work. If you continue to work despite receiving the order, you may face massive penalties. Read through the posted notice and look for cited violations or deficiencies. Take pictures and videos, covering the portions that are relevant to the alleged violations. Then you may contact the department that issued the notice and ask what needs to be done next.
Protecting your project with legal guidance
Challenging a stop-work order can be a difficult and complex task. With the help of legal counsel, you may be able to streamline the process. They can ensure full compliance with building codes, lead critical negotiations with authorities and identify the most efficient remedies.]]>On Behalf of Mohrman, Kaardal & Erickson, P.A.<![CDATA[Documenting a broker’s contribution to mortgage fraud]]>https://www.mklaw.com/?p=494362026-07-25T15:27:23Z2026-07-25T15:27:23ZFraud related to housing is a crime
Mortgage brokers undergo thorough training and are generally subject to strict regulations. They know that they should not facilitate any misrepresentation intended to deprive their employer of funds by facilitating fraudulent transactions.
However, many people want housing but may struggle to qualify for a mortgage after a significant increase in property values in the last few years. Mortgage brokers might encourage people to exaggerate or fabricate income, as well as personal assets.
Their intent may be to help their clients obtain mortgages or secure competitive rates. However, the impact of their decisions can be devastating for their employers. If their clients default, which could happen in mass in a significant economic downturn, the company may not have adequate protection.
Validating financial claims and documenting discrepancies between the paperwork submitted to the underwriters and accurate information obtained through verification procedures could help financial institutions discipline and retrain mortgage brokers or justify a termination. In some cases, taking legal action may even be appropriate if involvement in fraud results in losses for an employer.
Developing reasonable fraud prevention policies and acting promptly to address warning signs of mortgage fraud can help financial institutions continue offering loans without incurring unnecessary risk.]]>On Behalf of Mohrman, Kaardal & Erickson, P.A.<![CDATA[How can a business challenge an administrative fine in Minnesota?]]>https://www.mklaw.com/?p=494212026-07-14T07:33:16Z2026-07-14T07:33:16ZWhat should you check first?
Deadlines and procedures vary by agency and enforcement action. Review the notice for:
The statute or rule the agency says you violated
The amount of the fine and the payment deadline
The deadline and instructions for requesting a hearing
The effect of a hearing request on enforcement
These details help you identify the agency’s claims and the issues you may need to address.
How can you prepare for the hearing?
If your dispute goes to a contested case, which is a formal hearing used to challenge an agency action, an administrative law judge at the Minnesota Court of Administrative Hearings hears the evidence and manages the proceeding. Do not assume that an owner or employee can represent the company. Check the applicable rules early because a corporation or LLC must be represented by a licensed Minnesota attorney. Consider gathering:
Business records, photographs and inspection reports
Agency emails and other communications
Witnesses with firsthand knowledge
Evidence addressing each allegation
These materials can help you present a clear record. At the hearing, you may offer evidence and question agency witnesses. The agency usually must prove that the alleged violations occurred unless another law sets a different standard.
What happens after the hearing?
In most cases, the judge sends a recommendation to the agency, which issues the final order. In some matters, the judge’s order is final. To ask the Minnesota Court of Appeals to review the final decision, you generally must file a petition and formally serve the agency and every other party within 30 days after receiving it. Missing either requirement may prevent the court from hearing your appeal.
Address the cause behind the violation
The dispute may reveal an unclear policy, inconsistent training or another gap in your operations. Identifying and correcting that underlying issue can reduce the risk of similar fines and strengthen your response to future inspections.]]>On Behalf of Mohrman, Kaardal & Erickson, P.A.<![CDATA[What records can protect your business at a zoning hearing?]]>https://www.mklaw.com/?p=494182026-07-10T12:02:23Z2026-07-10T11:47:33Z1. Zoning rules and application requirements
Start with the local zoning ordinance, application checklist and written city guidance. A variance must meet Minnesota’s practical difficulties test. Your proposed use must be reasonable, and unique property conditions must make strict compliance difficult. A conditional use permit must meet the specific conditions or approval criteria listed in the city’s zoning rules.
List each rule and match it with supporting proof.
2. Surveys, plans and property records
Keep current surveys, site plans, building permits and inspection records. These documents can show property lines, existing structures, proposed changes and prior approved work.
Make sure revised plans match the version you want officials to review.
3. Professional studies and operating details
Depending on the project, you may need traffic, drainage, environmental or engineering studies. An operating plan may explain your hours, parking, deliveries, lighting, noise limits and security.
These records should address the board’s main concerns.
4. Photographs and information about nearby properties
Recent photographs can document the site, surrounding uses, access points and existing conditions. Records showing how the city treated similar nearby properties or projects may help explain why your proposal is consistent with the area.
Avoid relying only on general statements about the neighborhood.
5. Staff reports, city messages and the final decision
Keep emails, meeting notices, staff reports and written comments. Review them for factual errors and submit corrections before the hearing when possible.
If officials deny your request, Minnesota law generally requires them to explain the reasons in writing. That explanation, sometimes called written findings, may become important if the decision leads to a zoning dispute or court review.
Use the hearing to address the real points of dispute
A complete file can reveal which concerns involve measurable zoning standards and which rely only on assumptions or general opposition. Knowing that distinction can help you focus your presentation, respond to specific objections and decide whether the city’s final reasoning matches the rules it was required to apply.]]>On Behalf of Mohrman, Kaardal & Erickson, P.A.<![CDATA[How Minnesota landlords can handle local rental rules]]>https://www.mklaw.com/?p=494162026-06-22T13:05:04Z2026-06-22T13:05:04ZHow to identify requirements that affect your rentals
Start with the city where the rental property is located. Minnesota landlord-tenant law sets statewide duties, but some local governments add stricter requirements. Minneapolis requires a longer pre-eviction filing notice for nonpayment cases, while St. Paul’s rent stabilization rules may limit how much you can raise rent in a 12-month period.
You should review local rules involving:
Pre-eviction notices, or written warnings before certain eviction filings
Rent stabilization, or limits on certain increases
Rental license inspections required by the city
Tenant notices about fees, rights or property information
Maintenance and repair deadlines
These items can help you spot which local requirements apply before you take the next step.
How to build a stronger compliance defense
Routine recordkeeping can strengthen your position. Keep copies of notices, leases, rent ledgers, inspection reports, repair requests and tenant communications. These records show what happened, when it happened and whether the process was followed.
You can also reduce risk by updating notice templates, checking local rules before raising rent or filing an eviction and tracking city inspection deadlines. If a requirement seems unclear or overly burdensome, confirm it through the city code, rental licensing office or written city guidance before you act. A missed step may delay a case or create unnecessary penalties.
Protecting your property rights
Local ordinances can make rental management feel less predictable, especially when city rules affect timing, costs or control over your property. Knowing which rules apply before a dispute begins can help you avoid preventable delays and penalties. A clear process for tracking changes and keeping proof of compliance can support better decisions when city requirements change.]]>On Behalf of Mohrman, Kaardal & Erickson, P.A.<![CDATA[When a government project affects a business or its properties]]>https://www.mklaw.com/?p=494142026-06-07T22:41:06Z2026-06-07T22:41:06ZWhat is inverse condemnation?
Condemnation is the legal process through which the state takes real estate that belongs to an individual or business. The sale is compulsory, but the original owner should receive reasonable compensation for the loss of their property.
Inverse condemnation is sometimes necessary when a property loses value because of a nearby project. A change in the flow of traffic could prevent customers from pulling into a convenience store parking lot, thereby drastically reducing total sales, for example.
In such cases, a business experiencing a drop in revenue or facing a drastic reduction in the use or value of real property could potentially file inverse condemnation lawsuits against the government entity responsible for the project. They may be eligible for compensation that can help offset the negative financial impact the project has had on the business or the value of its real estate holdings.
Working with a lawyer is typically beneficial for those who need to sue the government. An inverse condemnation claim is a complex legal matter that is much easier to navigate with the assistance of an attorney.]]>On Behalf of Mohrman, Kaardal & Erickson, P.A.<![CDATA[3 ways to challenge an eminent domain purchase]]>https://www.mklaw.com/?p=494132026-06-04T17:48:34Z2026-06-04T17:48:34ZIf you own property, you likely want to be the one who decides when you give it up, if indeed you do so at all. Yet, the federal, state and local governments all retain the right to make that decision for you in certain circumstances.
The compulsory purchase of property under eminent domain laws has been responsible for a lot of good. It’s allowed roads, railroads, facilities and national parks to be built or created, among other things. Yet it probably won’t feel so positive if it is your land they intend to take. Here are some ways you might challenge it.
1. Challenging the qualification of the project
An eminent domain purchase cannot be ordered except for projects that are in the public interest. If you suspect that the project is being driven more by personal interests than by something the public needs, then calling it out might be an option. Uncovering such things may take considerable detective work, however.
2. Showing that it can go ahead without your property
Some plans cut a wider swathe across the landscape than needed. Or they fail to consider all the alternatives sufficiently. For example, maybe the road they intend to bulldoze across your property does not warrant four lanes, and making it with just two would steer clear of your boundary. Or perhaps taking it the other side of the stream would preserve not only your house, but some of the neighbors' homes too.
3. Contesting the price on offer
Often, the most realistic option is to try to get a better price for your property than the initial offer presented to you. Understanding how to show that your land really is worth more than what the government has valued it at takes experience, and local knowledge can help, too.Challenging the government on an eminent domain case is not easy, but neither is being forced to give up your property. Seeking appropriate legal guidance can improve your chances of a resolution you can accept.]]>On Behalf of Mohrman, Kaardal & Erickson, P.A.<![CDATA[Why the government might sue your small business]]>https://www.mklaw.com/?p=494112026-05-20T09:10:29Z2026-05-20T09:09:36ZPaid leave violations
Minnesota has laws regarding earned sick and safe time (ESST) that employers need to follow. Eligible employees are entitled to these paid leaves for covered reasons. Common violations include:
Improper denial of leaves
Retaliation for ESST requests or usage
Failing to accrue leaves
Excluding ESST information from pay stubs
The Minnesota Department of Labor and Industry (DLI) enforces state ESST requirements and can take legal action against employers for infractions. You can stay compliant by updating your handbook with ESST rules and making it easy for workers to request a leave.
Tax non-compliance
Many business owners get into trouble with the Minnesota Department of Revenue for a number of tax violations. This includes failing to collect and remit sales tax, unpaid payroll taxes or filing fraudulent returns.
Committing these offenses can often lead to heavy penalties and potential litigation. To avoid tax noncompliance, ensure that your business meets filing deadlines, keeps accurate records and submits financial reports correctly.
Workplace safety failures
The Minnesota Occupational Safety and Health Administration MNOSHA requires business owners to maintain workplace safety for employees at all times. When you ignore safety protocols, you risk injuring your workers while triggering more inspections and possible lawsuits. Clear safety policies, quick incident reviews and fixing hazards right away can help you stay in line with MNOSHA rules.
When staying informed matters
When it comes to legal compliance, being aware and proactive is the best way to safeguard your company from facing government litigation. Your efforts to stay in the know can help you run your business with clarity and confidence. A lawyer can also help you manage risks while ensuring your business meets all state and federal requirements.]]>On Behalf of Mohrman, Kaardal & Erickson, P.A.<![CDATA[Capital call disputes in Minnesota partnerships]]>https://www.mklaw.com/?p=494072026-05-12T09:44:06Z2026-05-12T09:40:12ZHow Minnesota law treats capital contribution demands
A capital call occurs when a partnership requires members to pay money to cover costs or debt. Under Minnesota statutes, the rule for these payments depends on the written partnership agreement. If the agreement does not require more funding, Minnesota law stops one partner from forcing another to give cash without a unanimous vote or a prior contract.
Disputes start because partners have different bank balances or views on expenses. When an agreement says nothing about a missed payment, the law looks at specific factors:
Dilution of interest: Partners who pay may grow their ownership share compared to the partner who does not
Loan conversion: New funds might count as a high-interest loan to the partnership instead of a capital injection
Management rights: A failure to pay may limit the partner's right to vote on business choices
These default rules aim for fairness, but they lead to lawsuits. Valuation disagreements require a professional review of the firm's assets and earnings.
Options for breaking a partnership deadlock
When partners hit a wall over funding, they may look at exit plans. Minnesota law allows for the dissociation of a partner or the judicial dissolution of the partnership if the business no longer works as planned. A buyout is often the fastest way to fix the conflict. It lets the partner with the cash take control while giving the other party fair market value for their share.
Protecting your interests in a dispute
Managing the cash needs of a growing business requires a balance between daily needs and property rights. When partners disagree, the stakes include cash flow and the long-term life of the firm. An attorney can help protect your rights during talks or in court. Knowing your options early can stop a short-term cash gap from turning into a loss of business control.]]>