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Quo warranto legvfinance

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Quo warranto legvfinance

  1. 1. Briefs filed in State of Minnesota ex rel. Speaker of House of Representatives Hon. S... Page 1 of 3 Minnesota State Law Library Minnesota Appellate Court Briefs Collection Shown here are the statements of the issues presented for review by the appellate courts in the briefs filed for this case. The entire brief set can be found at the State Law Library and other libraries around the state. See Minnesota Appellate Court Briefs Collection for more information. CASE NAME: State of Minnesota ex rel. Speaker of House of Representatives Hon. Steve Sviggum, et al., petitioners, Appellants, vs. Tom Hanson in his official capacity as Commissioner of Finance or his successor, et al., Respondents. Read the opinion in this case at A06-840 CITATION: 732 N.W.2d 312 (Minn. Ct. App. 2007) Legal Issues in BRIEF OF APPELLANT'S/INDIVIDUAL LEGISLATORS AND APPENDIX: Do individual legislators as members of the Minnesota State Legislature have standing to bring an action to the court to challenge the executive branch of government for misappropriation of state funds in violation of the Minnesota Constitution and/or Minnesota Statutes? The District Court concluded that, at a minimum, state legislators had standing as citizen taxpayers to assert claims of misappropriation of state funds. Apposite Cases: Coleman v. Miller, 307 U.S. 433 (1932) Raines v Byrd, 521 U.S. 811 (1997) Conant v Robins, Kaplan, Miller & Ciresi, LLP, 603 N.W.2d 143 (Minn. Ct. App. 1999) Dolak v State Admin Bd, 441 Mich. 547,495 NW2d 539 (1993) Rukavian v Pawlenty, 684 N.W.2d 525 (Minn.. Ct. App. 2004) Silver v Pataki, 96 N.Y.2d. 532, 755 N.E.2d 842, 730 N.Y.S.2d 482,2001 Slip Op. 06138 (N.y. July 10, 2001). Whether the writ of quo warranto is an appropriate procedure to require the Minnesota Commissioner of Finance to show by what authority that office could disburse funds without an appropriation by law? The District Court declined to issue a writ of quo warranto concluding it an improper procedure to contest past conduct of the Commissioner of Finance. Apposite Cases: Clayton v Kiffmeyer, 688 N.W.2d 117 (Minn. 2004) Fletcher v Commonwealth of Kentucky, 163 S.W.3d 852 (Ky. May 19,2005) Jasper v Comm'r of Pub. Safety, 642 N.W.2d 435 (Minn. 2002) Kahn v Griffin, 701 N.W.2d 815 (Minn. 2005) Rice v. Connolly, 488 N.W.2d 241 (Minn. 1992) State ex rel Mattson v. Kiedrowski, 391 N.W.2d 777 (Minn. 1986) State v. ex rel Palmer v Perpich, 182 N.W.2d 182 (1971) State ex rel Danielson v. Village of Mound, 48 N.W.2d 855 (1951) Weinstein v. Bradford, 423 U.S. 147 (1975) Did the Commissioner of Finance disburse state funds without an appropriation by law in contravention of Articles III, IV, and XI of the Minnesota Constitution? The District Court did not address this issue. Apposite Cases: Cinncinnati Soap Co v United States, 301 U.S. 308 (1937) Office of Personnel Management v Richmond, 496 U.S. 414 (1990) In re Matter of Application of the Senate, 10 Minn. 78 (Minn 1865) Izaak Walton League of America Endowment, Inc. v State Dep't of Natural Res., 252 N.W.2d 852 (Minn. 1977) St. Paul Area Chamber of Commerce v Marzitelli, 258 N.W.2d 585 (Minn. 1977) State ex re Gardner v Holm, 62 N.W.2d 52 (Minn. 1954) Rice v Connolly, 488 N.W.2d 241 (Minn. 1992) Rukavina v Pawlenty, 684 N W.2d 525 (Minn. Ct. App. 2004) Are the Appellants entitled to attorney fees and costs in responding to the http://www.lawlibrary.state.mn.us/briefs/a060840ca.html 7/17/2010
  2. 2. Briefs filed in State of Minnesota ex rel. Speaker of House of Representatives Hon. S... Page 2 of 3 Commissioner's motion for sanctions? The District Court denied the motion for attorney fees and costs. Apposite Cases: Kirk Capital Corporation v Bailey, 16 F. 3d 1485,28 Fed. R. Serv.3d 88 (8th Cir. 1994) Gibson v. Coldwell Banker Burnet, 659 N.W.2d 782 (Minn. Ct App 2003) Wagner v Minneapolis Public Schools, 581 N W.2d 49 (Minn. Ct. App. 1998) Legal Issues in RESPONDENT'S BRIEF AND APPENDIX: Is Appellants' Petition for a writ of quo warranto a proper procedure by which to challenge the purely past conduct of a State public official that is not continuing? The district court held in the negative. Most apposite authorities: Rice v. Connolly, 488 N.W.2d 241 (Minn. 1992) State ex rel. Mattson v. Kiedrowski, 391 N.W.2d 777 (Minn. 1986) State ex rel. Grozbach v. Common Sch. Dist. 65, 54 N.W.2d 130 (Minn. 1952) Lommen v. Gravlin, 295 N.W. 654 (Minn. 1941) Does Appellant's Petition requesting an advisory legal opinion regarding a purely hypothetical future set of facts present a ripe case or controversy? The district court held in the negative. Most apposite authorities: Kennedy v. Carlson, 544 N.W.2d I (Minn. 1996) St. Paul Area Chamber of Commerce v. Marzitelli, 258 N.W.2d 585 (Minn. 1977) Izaak Walton League of America Endorsement, Inc. v. State Dept. of Nat. Res., 252 N.W.2d 852 (Minn. 1977) Do conclusion of proceedings in the district court temporary shutdown proceeding and legislative ratification of actions taken there under render Appellant's Petition moot? The district court held in the affirmative. Most apposite authorities: Kahn v. Griffin, 701 N.W.2d 815 (Minn. 2005) In re Schmidt, 443 N.W.2d 824 (Minn. 1989) Chaney v. Minneapolis Cmty. Dev. Agency, 641 N.W.2d 328 (Minn. Ct. App. 2002), rev. denied (Minn. May 28, 2002) Does the doctrine of laches preclude Appellants from challenging the district court's approval of the expenditures at issue when Appellants refused to participate in, or object to, the district court's proceeding and then subsequently ratified the very expenditures they now challenge? The district court held in the affirmative. Most apposite authorities: Apple Valley Square v. City of Apple Valley, 472 N.W.2d 681 (Minn. Ct. App. 1981) Fetch v. Holm, 52 N.W.2d 113 (Minn. 1952) Aronovich v. Levy, 56 N.W.2d 570 (Minn. 1953) Do Appellants have standing to as individual members of the Legislature, or as taxpayers, to challenge the expenditures which they expressly ratified. The district court held that Appellants had standing in their capacity as taxpayers and did not decide whether Appellants had standing as legislators. Most apposite authorities: McKee v. Likins, 261 N.W.2d 566 (Minn. 1977) Rukavina v. Pawlenty, 684 N.W.2d 525 (Minn. Ct. App. 2004) Conant v. Robins, Kaplan, Miller & Ciresi, LLP, 603 N.W.2d 143 (Minn. Ct. App. 1999). Does Minn. Const. art. XI, § 1 override judicial authority and responsibility to order State spending where such expenditures are required to maintain critical government functions? The district court held in the negative. Most apposite authorities: Coalition for Basic Human Needs v. King, 654 F.2d 838 (1st Cir. 1981) Mattson v. Kiedroenski, 391 N.W.2d 777 (Minn. 1986) Sharood v. Hatfield, 210 N.W.2d 275 (Minn. 1973) Fletcher v. Commonwealth of Ky., 163 S.W.3d 852 (Ky. 2005) Did the district court abuse its discretion in denying Appellants' sanctions motion based on Respondents' premature filing of their own sanctions motion? The district court by definition held in the negative. Most apposite authorities: Olson v. Babler, No. A05:, 395, 2006 WL 851798 (Minn. Ct. App. 2006) Gibson v. Coldwell Banker Burnett, 659 N.W.2d 782 (Minn. Ct. App. 2003) Burnett, 659 N.W.2d 782 http://www.lawlibrary.state.mn.us/briefs/a060840ca.html 7/17/2010
  3. 3. Briefs filed in State of Minnesota ex rel. Speaker of House of Representatives Hon. S... Page 3 of 3 (Minn. Ct. App. 2003) Muhammad v. State, Nos. Civ. A-99-3742/99-2694, 2000 WL 1876 (E.D. La. 2000). Also Filed - REPLY BRIEF OF APPELLANTS/INDIVIDUAL LEGISLATORS Also Filed - BRIEF OF AMICUS CURIAE EIGHTY-FOURTH MINNESOTA SENATE IN SUPPORT OF APPELLANTS Return to Home Page http://www.lawlibrary.state.mn.us/briefs/a060840ca.html 7/17/2010

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