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Minnesota Sands, LLC v. County of Winona, Minnesota

Paid petition · Supreme Court of Minnesota, No. A18-0090 · judgment May 4, 2020

Certiorari denied · January 11, 2021

Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Does a state or local government impermissibly discriminate against interstate commerce when it allows a mineral to be mined for all uses that are common locally but prohibits mining the same mineral in the same way for a use that occurs only in other States?
Does a mineral estate in land that is subject to local permitting requirements qualify as “property” protected by the Takings Clause—as the Federal Circuit and the courts of three States have held—or do permitting requirements eliminate the existence of a federally protected property interest unless and until the permits are granted, as the Supreme Court of Minnesota held here?

For petitioner
Aaron D. Van Oort
Faegre Drinker Biddle & Reath LLP

For respondent
Elizabeth Jill Vieira
Rupp, Anderson, Squires & Waldspurger, P.A.

Conference history
Distributed for 1 conference

Jan 11 2021
Petition DENIED.
Dec 16 2020
DISTRIBUTED for Conference of 1/8/2021.
Dec 15 2020
Reply of petitioner Minnesota Sands, LLC filed. (Distributed)
Dec 14 2020
Waiver of the 14-day waiting period under 15.5 filed by petitioner.
Dec 04 2020
Brief of respondent County of Winona, Minnesota in opposition filed.
Oct 19 2020
Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2020.
Oct 19 2020
Blanket Consent filed by Petitioner, Minnesota Sands, LLC.
Oct 16 2020
Motion to extend the time to file a response from November 5, 2020 to December 7, 2020, submitted to The Clerk.
Oct 01 2020
Petition for a writ of certiorari filed. (Response due November 5, 2020)