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2002_1202_packet
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2002_1202_packet
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The determination of the state auditor that a relief association has paid a service <br />pension greater than the applicable maximum must be made on the basis of the <br />information filed by the relief association and municipality with the state auditor ..,, <br />The determination of the state auditor is fina1. An aggrieved municipality, relief <br />association, or person may appeal the determination under section 480A.06. <br />�1inn. Stat. �=�50�.06, subd. 3, provides for reviet�• by writ ofcertiorari to the appellate �o�rr. <br />The State Defendants' reliance on Minn. Stat. § 424A.02 is misplaced. The language of the <br />statute is clear. Review by certiorari to the Court of Appeals is required where a relief <br />association "1�1s paid" a service pension greater than the maximum allowed under the statute. <br />Section 424A.02, subd. 3a(d) does not, by its terms, address the situation where service pension <br />credit has been given to a particular relief association member. In short, this statute does not <br />apply to the facts of this case <br />The argument that the State Auditor's decision was quasi judicial in nature also fails. <br />Review by certiorari is a�ailable where an agency or administrative body perfomis quasi judicial <br />acts. Minnesota Chapter of Associated Builders and Contractors, Inc. v. Board of Education of <br />Minnetonka I. S. D. No. 276, 567 N.�V.2d 761, 762 (Minn. App. 1997). A quasi judicial act <br />must in�ol��e: investigation into a disputed matter, application of a prescribed standard and <br />issuance of a decision that binds the parties. Minnesota Center for Environmental Advocacy v. <br />Metropolitan Council, 587 N.1�V.2d 838, 842 (Minn. 1999). A decision of a public official could <br />be considered quasi judicial if it is the result of a discretionary investigation and consideration <br />and evaluation of evidentiary facts. Pierce v. Otter Tail County, 524 N. W.?d 308, 309, (Minn. <br />App, 1994). <br />A quasi judicial act is an act of a public officer, commission, or board that is <br />9 <br />
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