Mohrman, Kaardal & Erickson, P.A.Mohrman, Kaardal & Erickson, P.A.2026-07-16T14:59:03Zhttps://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 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.]]>On Behalf of Mohrman, Kaardal & Erickson, P.A.<![CDATA[Can you appeal an unfair zoning decision in Minnesota?]]>https://www.mklaw.com/?p=493962026-04-28T13:03:39Z2026-04-28T13:00:50ZWhat grounds support a zoning appeal?
Under Minnesota statutes, a zoning decision may be challenged if the local authority did not follow proper standards. Common grounds for appeal include:
The zoning board exceeded its legal authority
The decision lacked substantial evidence
The board committed procedural errors
The decision violated constitutional rights
The board acted arbitrarily without a rational basis
The board acted capriciously without proper deliberation
Consider whether the board's findings connect to the evidence presented during the hearing. These issues often arise when a board applies an ordinance inconsistently or fails to support its findings with facts.
Where and when do you file an appeal?
When beginning an appeal, the process may first involve an administrative appeal to the local Board of Adjustment or City Council. This body generally reviews the same record from the original hearing. Depending on the circumstances, the board may affirm, modify or reverse the decision.
If the administrative appeal fails, legal action may be initiated in District Court or the Minnesota Court of Appeals. However, new evidence is generally not considered at this stage. This means you cannot introduce documents or testimony that you failed to present during the local proceedings.
What happens during the court review process?
Courts do not re-hear the case or make their own zoning decision. Instead, the judge reviews the existing record to determine whether the zoning board made legal errors. The court generally defers to the zoning board's judgment on factual matters and policy decisions.
However, courts will intervene when boards ignore their own ordinances, fail to make required findings or base decisions on improper factors such as personal bias or political pressure. If the court finds an issue, it may reverse the decision or send it back to the local authority for further review.
Taking action on an unfavorable zoning decision
An unfavorable zoning decision does not have to be the final word on your business plans. If you are facing a zoning denial, a knowledgeable advocate can help identify procedural errors you may have missed.]]>On Behalf of Mohrman, Kaardal & Erickson, P.A.<![CDATA[Zoning hurdles: How to stop bureaucracy from killing your project]]>https://www.mklaw.com/?p=493942026-04-22T12:58:35Z2026-04-22T12:48:20ZYou might have a strong idea, solid financing and a prime site, yet still face delays from local red tape. In Minnesota, zoning rules, permit reviews and public meetings often shape the pace of a project. If you plan to build, expand or redevelop property, these delays may affect your budget and momentum.
Understanding why zoning may slow your progress
Minnesota uses zoning rules to guide land use, building size, parking, traffic flow and neighborhood character. While these goals often support orderly growth, the process may slow when plans need changes or officials ask for more information.Common trouble spots often include:
Land use misalignment: A proposed use may not fit the current zoning district.
Incomplete submissions: Site plans, surveys or traffic studies may be missing from the application.
Community feedback: Neighbors may raise concerns about noise, parking or building height.
Multiple reviews: Several departments may need to approve the project before permits move forward.
When one issue stalls, the overall timeline often slips as well.
Implementing strategies to stay ahead of delays
Many problems can appear long before a formal denial. You may spot these hurdles early if you treat zoning as a key part of your first budget and schedule instead of a final checklist item.A practical approach often includes:
Verifying local rules: Research zoning rules before you close on a land purchase.
Engaging planning staff: Meet with city planners early to discuss your concept and possible concerns.
Buffer scheduling: Build extra time into your schedule for requested changes.
Maintaining documentation: Keep records of each submission, message and city response.
Communicating with stakeholders: Update lenders and partners when timelines change.
These steps may seem modest, yet they could reduce costly surprises and help keep your project moving.
Handling public hearings with transparency
Some projects require hearings before a planning commission or city council. This stage may strongly affect your timeline. Clear visuals, thoughtful answers and respect for local concerns may support a better result.Neighbors often focus on traffic, lighting, privacy and drainage. If you address these points through design changes or early outreach, local resistance may ease.
The importance of steady preparation
Even strong projects can stall when owners respond too late to zoning disputes. Compliance often works best when you plan for it from the start. In Minnesota, local rules may shape the cost, timing and overall feasibility of your project, so steady preparation can matter as much as the design itself.]]>On Behalf of Mohrman, Kaardal & Erickson, P.A.<![CDATA[A Minneapolis business owner’s guide to CUPs]]>https://www.mklaw.com/?p=493892026-04-14T15:44:22Z2026-04-14T15:44:22ZWhat a Conditional Use Permit actually is
A Conditional Use Permit (CUP) is not a variance. While a variance addresses "practical difficulties" unique to the property, a CUP applies to uses that the city allows only under specific conditions.
Essentially, the city agrees that your business belongs in the district, provided it meets specific standards designed to maintain harmony with the surrounding neighborhood.
When Minneapolis requires CUP for your project
You must obtain a CUP if your specific business use is listed as "conditional" in your zoning district. In 2024 and 2025, Minneapolis updated rules for cannabis businesses and high-density housing, making the process even more complex.
Common projects requiring a CUP include:
Operating a drive-through or 24-hour business
Certain types of manufacturing or auto repair
Large-scale residential developments
New cannabis retail locations
What the approval process looks like and where it can go wrong
The city has a strict timeline. Under Minnesota’s 60-day rule, the city must approve or deny your request within 60 days of receiving a completed application. However, the city can extend this by another 60 days if there is a written notice.
Where it goes wrong:
Public opposition: The city must hold a public hearing where neighbors can voice concerns.
Tough conditions: The Planning Commission may demand you limit your hours or pay for expensive landscaping to "protect the public interest."
Hidden costs: The $550 application fee is just the start. You are also responsible for non-refundable environmental review costs and a $46 recording fee with Hennepin County.
Your permit, your property, your rights
A CUP runs with the land, meaning it stays with the property even if you sell it. However, if there is non-compliance with permit conditions, the city can initiate proceedings to revoke your permit following proper notice and a public hearing.
Addressing the complexities of municipal zoning and the CUP application process involves significant legal and financial considerations. Because failure to comply with local ordinances or state statutes can lead to costly delays or permit revocation, property owners are encouraged to seek legal guidance to review their specific requirements and ensure their interests remain protected.
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