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Vikings referendum denied

On Nov. 13, Judge Phillip D. Bush signed an order dismissing the Petition for a Writ of Mandamus in Mann vs. Minneapolis City Council that would have required a citywide referendum on whether the city should contribute more than $150 million to the construction of a new Vikings stadium.

Judge Bush did agree that Vikings stadium taxes to be imposed in Minneapolis are “local resources,” despite an assertion by the stadium legislation that they are not “local resources” within the meaning of the charter, and that at least one of the charter provisions that requires a referendum does apply.

Judge Bush asserted that the Minnesota Legislature did “supersede” the charter, and although the petitioner did cite constitutional issues, he did not allege an exercise of legislative power exceeding the legislature’s constitutional authority. Although Mann argued that although the legislature can nullify the city charter, it cannot supercede or circumvent it.

The decision found that Petitioner failed to meet one criteria for standing: That there is another legal remedy that Petitioner did not choose, an extraordinary Writ seeking relief for an unlawful act of the legislature. However, Mann argued that a lawsuit against the Minnesota Legislature would be a remedy for an unlawful act of the legislature, not a remedy for an unlawful action by the Minneapolis City Council.

Mann is considering appealing Judge Bush’s decision.




 

 

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