§ 490.121

Minnesota Statutes

Source: 2025 Minnesota Statutes. For the official text, see revisor.mn.gov.

Citing Cases (8)

Minnesota Supreme Court

Gluba Ex Rel. Gluba v. Bitzan & Ohren Masonry · 2007 1 citation

+ 1 more citation in this opinion.

Diemer v. Carlson · 1996 2 citations

.Judge Herbert Wolner had been elected to a term which was-to expire on January 6, 1981. However, because he reached his mandatory retirement age of 70 on October 21, 1980, Judge Wolner was required to retire on October 31, 1980, Minn. Stat. §§ 490.121, subd. 12 and 490.125 (1980). By letter of July 7, 1980, the judge submitted his written application for retirement to the governor. Qn July 18, 1980, the governor issued the written order directing Judge Wolner's retirement, effective on October 31, 1980, and filed it with the secretary of state. However, before the order was filed, 13 individuals filed as candidates for election to the office held by Judge Wolner. In a declaratory judgment action commenced in the district court, the court enjoined cancellation of the primary and general election, but, at the same time, refused to enjoin the gubernatorial appointment. We held that the retirement of Judge Wolner created a "vacancy” within the meaning of Minn. Const. art. VI, § 8 as of October 31, 1980, that the appointment of a qualified person is the governor's constitutional duty and that the appointed person was to serve until a successor is elected and qualified after the 1982 general election. There was "no occasion to vote for candidates for this office at the general election to be held on November 4, 1980." Nelson v. Quie, 299 N.W.2d at 120. The attorney general has issued two opinions of recent origin on this question which vary in their interpretation of the then existing constitutional and statutory provisions. Op.Att’y Gen. No. 184d (July 17, 1990); Op.Att’y Gen. 141d-2 (June 20, 1986). Although they are entitled to careful consideration, they are not binding on the court particularly where, as here, the issue presented was earlier decided in and is now governed by Nelson v. Quie. See Village of Blaine v. Independent School Dist. No. 12, 265 Minn. 9, 19, 121 N.W.2d 183, 191 (1963).

+ 1 more citation in this opinion.

Peterson v. Stafford · 1992 1 citation

+ 1 more citation in this opinion.

Page v. Carlson · 1992 2 citations

The Honorable Lawrence R. Yetka was appointed an associate justice of the Minnesota Supreme Court in June 1973. Justice Yetka took office on July 3, 1973, and since that date he has served continually as an associate justice on the supreme court. He will reach the age of 70 on October 1, 1994, and under present mandatory retirement laws, he must retire by October 31, 1994. See Minn. Stat. §§ 490.121, subd. 12, 490.-125 (1990).

Citing Cases (8)

Minnesota Supreme Court

Minnesota Court of Appeals