04-14-1982 Council Agenda - Laserfiche WebLink

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THOMAS M. SWEENEY JAMES J. O'CONNOR JOHN H. LeMAY GEORGE F. BORER SWEENEY, O'CONNOR & LeMAY PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW (612) 2222541 March 26, 1982 Mr. Joseph G. Chlebeck City Clerk 515 Little Canada Road Little Canada, Minnesota 55117 Re: City of Shakopee, et al vs. State of Minnesota (Fiscal Disparities Challenge) Our File No. 4638 Dear Joe: SUITE 350 NORTHERN FEDERAL BUILDING SIXTH AND WABASHA ST. PAUL, MINNESOTA 55102 I recently discussed the status of the above captioned Supreme Court appeal with the attorneys for the City of Shakopee. As you and I had agreed in early March of this year, any participa- tion by the City of Little Canada at this late date would not be timely. In fact, any amicus curiae briefs were to be filed in early December of 1981. In addition, the entire Minnesota Supreme Court listened to oral arguments and then did a somewhat remarkable thing, in light of the complexity of the legal issues and the voluminous- ness of the briefs filed by the respective parties. The Supreme Court in a one line opinion affirmed the decision of the Honorable Earl B. Gustafson, Judge of the Tax Court, who had determined that the fiscal disparities law did not affect the plaintiff cities in an unconstitutional manner. The Supreme Court did not elaborate any reason or rationale for its decision. At this point, the attorneys for Shakopee have determined that nothing further can be done to test the constitutionality or implementation of the fiscal disparities law. Any rememdy must lie with the Legislature and an amendment of the legislation. Therefore, would you please submit this letter to the Council for their consideration. I plan to close our file unless we receive subsequent direction relative to this matter. TMS:cjh MAR 29 1982 CITY OF LITTLE CANADA 3 Yours very truly, SWEENEY, Thomas M. O'CONNOR & LeMAY i Sweeney