Originally from:
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
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CHAPTER 92
GOVERNMENT CIVIL ACTIONS
Section
§ 92.01 Introduction
§ 92.02 Government Contracts
§ 92.03 Zoning Issues
§ 92.04 Civil Environmental Enforcement Actions
§ 92.05 Eminent Domain
§ 92.01 Introduction
Governments institute a fair amount of litigation against private
parties. One of the most common areas involves contract work that the
government seeks for projects it needs completed. The subject matter of
these contracts is quite diverse but certain common principles often apply
to them. Zoning issues present another area of civil actions involving the
government’s restrictions on development. Environmental enforcement
actions increasingly generate civil actions by the government. Actions
are brought not only for monetary damages but also for injunctive
compliance relief. Finally, eminent domain issues present many
complicated and time-consuming actions. For all the property the
government needs to acquire to install highways or sewer lines, civil
actions must be instituted to either obtain easements, covenants, or
outright ownership.
§ 92.02 Government Contracts
The government regularly contracts with private corporations for the
provision of services and manufacture of products. These contracts are
the source of many disputes between the parties to these contracts.1 The
Contracts Disputes Act and the Federal Courts Improvement Act
provide some of the procedural steps to follow in government contract
disputes.
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.
Contributing Editor:
Amanda Chang
Contributing Authors:
Alecia Anderson
Seth Back
John Baker
Shannon Berg
Constatin Burachek
Benjamin Carpenter
Ryan Check
Carl Christensen
Peter Fear
Michael Frasier
Aaron Hall
Catherine Hanson
Paul Harman
Amy Ithlan
Michael Kern
Chris Kuhlman
Brett Larson
Joshua Lederman
Karen Lundquist
James Magnuson
Jennifer Mead
Rao Menier
Heidi Miller
Rachael Moxon
Oliver Nelson
Scott Peitzer
Mitchell Skinner
Jonathan Stechmann
Lael Weinberger
Jonathan Wilson
Alex Zumbulyadis