State Ex Rel. Cooper v. Mower County Social Services

*492 SPECIAL TERM OPINION WOZNIAK, Chief Judge. FACTS Relator Mower County seeks certiorari review of an administrative law judge’s decision awarding damages for discrimination against a former employee. Respondent state filed a notice of review, challenging the denial of prejudgment interest. Relator’s motion for a stay of the decision pending appeal was not opposed. DECISION Although the filing of a certiorari appeal does not automatically stay the decision to be reviewed, the agency may grant a stay, “or the court of appeals may order a stay upon such terms as it deems proper.” Minn.Stat. § 14.65 (1986). The respondent did not oppose the motion for a stay, so the remaining issue is whether security should be required. Since the decision appealed from in this case is essentially a money judgment, the usual condition of a stay would be a super-sedeas bond to guarantee payment of the judgment, if affirmed on appeal. Minn.R. Civ.App.P. 108.01, subds. 1, 3. However, when an appeal is taken by a governmental subdivision, no bond or other security is required to obtain a stay. Minn.R.Civ.P. 62.04. Accordingly, the decision and award of damages are stayed pending resolution of this appeal, without bond. MOTION FOR STAY GRANTED.