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A.G. Op. 624a-3 (June 28, <br />1999); A.G. Op. 1001-a <br />(Sept. 15, 1950). <br />Muhring v. School District <br />No 31, 244 Minn. 432, 28 <br />N.W.2d 655 (1947); <br />Minneapolis Gas and <br />Light Co. v. City of <br />Minneapolis, 36 Minn. <br />159, 30 N.W. 450 (1886). <br />Nordmarken v. City of <br />Richfield, 641 N.W.2d 343 <br />(Minn. Ct. App. 2002); <br />Sinclair Oil Corp. v. City <br />of St. Paul, 2002 WL <br />1902920 (Minn. Ct. App. <br />2002); Columbia Heights <br />Relief Ass 'n v. City of <br />Columbia Heights, 305 <br />Minn. 399, 233 N.W.2d <br />760 (1975). <br />Mangold Midwest Co. v. <br />Vill. of Richfield, 274 <br />Minn. 347, 143 N.W.2d <br />813 (1966); State v. <br />Kuhlman, 729 N.W.2d 577 <br />(Minn.,2006); State v. <br />Burns, A05-2554 (Minn. <br />Ct.App.,2007) <br />(unpublished decision) <br />B. Delegation of powers <br />Absent specific statutory or charter authority, the council of a charter city may not <br />delegate its powers and duties calling for the exercise of judgment and discretion <br />to other persons or bodies. Specific language must exist in the charter authorizing <br />any delegation of these powers. <br />IV. Conflict between state laws and <br />home rule charters <br />Harmonizing general statutory language and charter provisions dealing with the <br />same subject is often difficult. Cities can resolve potential conflicts between state <br />laws and charter provisions through the following process: <br />A. General rule <br />The general rule is that when a charter provision is in conflict with the state <br />statutes, the statutory provision prevails and the charter provision is ineffective to <br />the extent it conflicts with the state policy. <br />B. Identifying a conflict <br />When state law is silent 011 an issue covered by charter and the issue is one that <br />the Legislature has the power to delegate to a city, the assumption is that there is <br />no conflict with state policy. On the other hand, when a charter provision and state <br />law deal with the same issue, the possibility for conflict occurs. Rather than <br />requesting an attorney general's opinion or having a court resolve the possible <br />conflict, a city council can, by resolution, rely on the opinion of its attorney as to <br />whether a conflict exists. In making this decision, the attorney should consider the <br />following points: <br />• Is there a court case or attorney general's opinion that deals with the same or <br />similar provisions? If so, the city must follow the court ruling. Even though <br />attorney general opinions are only advisory, the city should seriously consider <br />the reasoning behind such an opinion. The LMC Handbook attempts to <br />identify all court decisions and attorney general opinions that deal with charter <br />and state law conflicts in order to assist charter city officials in determining <br />what state laws apply to their city. <br />