Minn. Not Liable for Costs in Implied Consent Appeal

Minnesota case law summary by Attorney Richard Clem: implied consent, costs.

Lund v. Commissioner of Public Safety. Implied consent, costs

Driver's license was revoked under Implied Consent law, and district court sustained revocation. Driver successfully appealed to Court of Appeals, which reversed and remanded. Driver sought taxation of costs and disbursements under Minn. R. Civ. App. P. 139. Court of Appeals granted costs.

The Supreme Court, Page, J., reversed, and held that the State was not liable for costs and disbursements when acting, as here, in its sovreign capacity, and not its proprietary capacity. While costs could be assessed in a tort case under Tort Claims Act, this is only because state is subject to tort liability as if it were a private person, which includes liability for costs and disbursements. The Tort Claims Act is not applicable in the case of the state acting in its sovereign capacity.

No. A08-1408, 783 N.W.2d 142 (Minn. June 3, 2010).

Please see the original opinion for the court's exact language.


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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