Commission vs City of Mounds View Ramsey Court

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261 N.W.2d 566, 571 (Minn. 1977). Because the Mounds View City Council acted outside their authority and have not complied with procedures provided by law, any expenditure in having the proposed ordinances placed on a November ballot would be money illegally spent. Defendant has attempted to usurp plaintiffs' authority and powers to act on behalf of the residents of the City of Mounds View. Rather than submitting the ordinances for timely consideration and discussion, as well as possible modifications, the City Council appears to have acted arbitrarily in determining what is in the City's and residents', best interests in proposing changes to the City's Charter and drafting the proposed ordinances before any opportunity for thorough study and examination, and certainly without any opportunity for the residents to have any input whatsoever. The contents of the amendments proposed by Ordinances 661 and 662 were never discussed during any City Council meetings or work sessions, nor was the Charter Commission allowed the time required by Minnesota Statute 410.12 subd. 5. Accordingly, the Court should find that pubic policy strongly favors granting the injunction. To hold otherwise would not only allow Defendant to circumvent procedure regarding the exercise of powers under the City's Charter, but also tacitly give effect to Defendant's proposed ordinances prior to a vote. Therefore, public policy clearly favors the granting of the injunction. 5. Enforcing a temporary injunction in this matter would not pose an administrative burden on the Court. Since an order that would keep Ordinances 661 and 662 from being placed on the ballot in the November 2000 general election in the City of Mounds View would not require any additional litigation and would allow the issues to return to the normal Memorandum Page 5 of 6