Cnty. of Hennepin v. Bhakta
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Cnty. of Hennepin v. Bhakta
Opinion of the Court
This case arises out of a condemnation proceeding initiated by respondent Hennepin County ("the County") to seize the property of appellants Sandip and Jagruti Bhakta ("the Bhaktas") by eminent domain. Court-appointed commissioners issued an award of compensation to the Bhaktas for the taking. Dissatisfied with the award, the Bhaktas appealed the commissioners' decision to the district court and the matter was set for trial. The Bhaktas brought several motions in limine before trial, all of which were denied by the district court. After the district court entered judgment, the Bhaktas appealed to the court of appeals. The court of appeals dismissed the portion of their appeal arising out of the orders denying the motions in limine because the Bhaktas did not raise their objections in a motion for a new trial. We conclude that a motion for a new trial is not required to preserve objections to pretrial orders that decide motions in limine for appellate review.
FACTS
In May 2012, the County filed a condemnation petition with the district court to acquire the Bhaktas' Brooklyn Park motel as part of a project to upgrade an adjacent county road. The district court granted title and possession of the property to the County and appointed three commissioners to determine the damages owed by the County for the property. Subsequently the County made a quick-take payment of $765,443 for the Bhaktas' property.
Trial was scheduled for April 4, 2017. On March 21, 2017, the Bhaktas filed five written motions in limine. These motions included requests to exclude the County's written minimum-compensation analysis and any testimony about minimum compensation, including testimony by the County's minimum-compensation consultant.
On the morning of trial, but before the jury was selected, the district court heard argument on the motions in limine. Before trial started, the court denied all five motions, and the challenged evidence was admitted at trial. The jury returned a verdict of $810,000 for the Bhaktas, more than the quick-take payment of $765,443. The district court initially entered judgment for the difference. But the court subsequently vacated that judgment and entered a new judgment for $0 after granting the County's motion to offset delinquent utility charges and real estate taxes owed by the Bhaktas but paid by the County. The Bhaktas did not move for a new trial. Instead, they appealed the judgment on several grounds, including the denial of the motions in limine.
In a published special term opinion, the court of appeals dismissed the portion of the appeal challenging the district court's denial of the motions in limine to exclude the minimum-compensation analysis and the testimony of the city assessor. Cty. of Hennepin v. Bhakta ,
The court of appeals concluded that orders on pretrial procedural motions in limine fall within the general rule of Sauter v. Wasemiller ,
Ultimately, the court of appeals concluded that the objections to the minimum-compensation analysis and the testimony of the city assessor were procedural, rather than substantive, and therefore, the Sauter rule precluded appellate review of these issues. Id. at 912. In reaching this conclusion the court of appeals relied on *197Tyroll v. Private Label Chemicals, Inc. ,
The court of appeals also concluded that the general policy reasons undergirding the Sauter rule apply with equal force to pretrial motions: requiring a motion for a new trial may eliminate the need for appellate review or facilitate development of the record.
We granted the Bhaktas' petition for review. Subsequently, the court of appeals stayed the remaining portion of the appeal pending resolution of the issue before us.
ANALYSIS
Matters of trial procedure, evidentiary rulings, and jury instructions occurring at trial are subject to appellate review only if they are assigned as error in a motion for a new trial. See Sauter ,
The Bhaktas contend that they were not required to move for a new trial to preserve appellate review of the orders on the motions in limine because the Sauter rule applies only to rulings made during trial, not to pretrial orders. They argue that a plain reading of Sauter , including the language "at trial," "during trial," and "during the course of trial," supports their position that the rule does not extend to pretrial matters. See Sauter ,
The County argues that matters raised "during the course of trial" include, as a practical matter, orders on motions in limine, and, therefore, the Bhaktas were required to bring a motion for a new trial to preserve their challenges to the district court's orders denying those motions. The County contends that such pretrial rulings are functionally rulings on issues "at trial," and deciding them in advance "does not change their nature." According to the County, the Bhaktas' interpretation creates an arbitrary distinction between objections to evidentiary trial rulings made just before trial and those made after jury selection. The County also argues that the policy considerations behind the Sauter rule support its position. By giving the *198district court the opportunity to reconsider its rulings, the County asserts, motions for new trial facilitate better development of the record before appellate review or eliminate the need for appellate review altogether. The County further argues that the Bhaktas' interpretation would lead to a decrease in motions for new trial and an increase in appeals, hampering judicial economy.
The Minnesota State Bar Association Appellate Practice Section ("the Section") filed an amicus brief "to aid the court in developing a clear and workable rule to guide lower courts and future litigants." The Section advocates that the court "adopt a bright line rule that limits the Sauter requirement to challenges to rulings made by the trial court during trial."
An overview of the applicable rules guides our analysis. Rule 103.04 of the Minnesota Rules of Civil Appellate Procedure provides the scope of review for appellate courts. Under the rule, "[t]he scope of review afforded may be affected by whether proper steps have been taken to preserve issues for review on appeal, including the existence of timely and proper post-trial motions." Minn. R. Civ. App. P. 103.04. This sentence was added in an amendment effective January 1, 1999 to help litigants recognize the importance of post-trial motions, because failure to bring post-trial motions was a "significant, recurring problem." Minn. R. Civ. App. P. 103.04 comm. cmt.-1998 amendment. The rule is silent, however, on when post-trial motions are necessary.
Rule 59 of the Minnesota Rules of Civil Procedure, which governs motions for new trial, gives examples of situations in which a new trial may be granted. But this rule is likewise silent on whether a motion for a new trial is required to preserve an appeal from an order on a motion in limine. Minn. R. Civ. P. 59.01.
Our precedent, however, does provide guidance on when motions for new trial are required: "[i]t has long been the general rule that matters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error." Sauter ,
Notably, Sauter uses the phrases "occurring at trial," "during the course of trial," and "during trial," which strongly suggest that we did not consider the rule to apply to pretrial matters or rulings.
The court of appeals relied on Tyroll to extend the Sauter rule. See
In sum, our precedent and the judicial efficiency policies underlying that precedent support a conclusion that Sauter does not apply to pretrial orders on motions in limine. Accordingly, we hold that pretrial orders on motions in limine are appealable regardless of whether those orders have been assigned as error in a motion for a new trial. The Sauter rule continues to apply to motions brought or decided during trial.
CONCLUSION
For the foregoing reasons, we reverse the decision of the court of appeals and *200remand to that court for further proceedings consistent with this opinion.
Reversed and remanded.
Minnesota Statutes § 117.042 (2018), the "quick-take" statute, allows an entity exercising eminent domain to take title to and possession of property before a court files an award determining the value of the property. Under the statute, the entity exercising eminent domain must give 90-days' notice to the property owners and either pay to the owners or deposit with the court an amount equal to the appraised value of the property.
The parties dispute whether the written minimum-compensation document was a report or an analysis for purposes of complying with Minn. R. Civ. P. 26.01(b) and 37.03(a), but that dispute is not relevant to the issue before us. We refer to the document as an "analysis" (as did the district court) without expressing any opinion on the merits of the parties' dispute.
We need not reach the issue of when a trial "begins" for purposes of this rule, because the parties agree that trial had not yet begun when the motions in question were made and decided.
The Sauter rule originated in the early twentieth century, when pretrial motions were far less common. See, e.g. , Smith v. Gray Motor Co. ,
Reference
- Full Case Name
- COUNTY OF HENNEPIN v. Sandip C. BHAKTA
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- 1 case
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- Published