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Brzinski v. Ramsey County2/26/2004
ewood CUPs and the MPCA permit as a basis for liability during discovery precludes any claim based on such violations now. To suggest that after the defendant identified a defense applicable to the complained-of conduct the plaintiff should be allowed to add new legal theories to avoid the defense stands normal litigation practice on its head.
IV.
Finally, by addressing issues beyond those raised in the petition before the court, the court not only violates our jurisprudence, but also makes a mockery of the fair administration of justice and denies due process to Ramsey County. The issue of whether summary judgment is precluded by the existence of genuine issues of material fact with respect to the county's violation of rules and permits was neither raised nor briefed by either party. Nor does it appear from the record below that it was raised at the court of appeals. We have made clear that "an appellate court should consider only those issues that were presented and considered by the trial court." In re Welfare of the Children of Coats, 633 N.W.2d 505, 512 (Minn. 2001) (citing Thiele, 425 N.W.2d at 582). Moreover, our jurisprudence requires that we limit our review to issues raised in the petition for review. See Gordon v. Microsoft Corp., 645 N.W.2d 393, 397 (Minn. 2002) (limiting analysis to issue raised in petition); Anderly v. City of Minneapolis, 552 N.W.2d 236, 240 (Minn. 1996) (declining to reach an issue that was not raised in the petition for review when a joint party seeking to raise the issue failed to file a petition). In keeping with this general rule, we have held that "it is proper for an appellate court to decide an issue not raised on appeal only when the reasoning relied upon by the appellate court is neither novel nor questionable. Needless to say, an appellate court should exercise this authority only sparingly." State v. Glidden, 455 N.W.2d 744, 746 (Minn. 1990). We have also made clear that, in the absence of proper briefing, we will not address issues raised by the parties. State Dep't of Labor & Indus. by the Special Comp. Fund v. Wintz Parcel Drivers, Inc., 558 N.W.2d 480, 480 (Minn. 1997) (declining to reach an issue in the absence of adequate briefing).
Today, the court violates these principles without justification. Fairness requires that a party receive notice of and have the opportunity to address issues being decided on appeal. Here, the issue of whether summary judgment in favor of Ramsey County is precluded by genuine issues of material fact with respect to the county's purported violations of rules and permits was not raised in the petition for review or briefed to either the court of appeals or this court, nor has Ramsey County ever had notice of or the opportunity to address that issue.
Therefore, I dissent.
BLATZ, Chief Justice (dissenting).
I join in the dissent of Justice Page.
ANDERSON, Russell A., J. (dissenting).
I join in the dissent of Justice Page.
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