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Agenda Packets - 2022/02/18
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Agenda Packets - 2022/02/18
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Last modified
1/28/2025 4:46:30 PM
Creation date
3/30/2022 9:48:40 AM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
2/18/2022
Supplemental fields
City Council Document Type
Packets
Date
2/18/2022
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<br />B-1 <br />DOCSOPEN\MU210\4\780657.v4-2/17/22 <br /> <br />Exhibit B <br />The following is a list of the primary cases cited in the Perry Letter and includes a brief summary of the <br />case, the outcome, and how the case relates to the Petitioner’s submission. Specific legal citations within <br />the summaries have been omitted for readability. <br />In re Referendum to Amend City of Grand Rapids Minnesota Mun. Elections Ordinance No. 04-08-22, <br />No. A05-2350, 2006 WL 1985595 at*2 (Minn. App. July 18, 2006). The city of Grand Forks adopted an <br />ordinance moving the municipal election year from odd to even numbered years. The process for changing <br />election years and the process for petitioners to request a referendum is outlined in Minnesota Statutes, <br />Section 205.07. The petition submitted did not include the requirements outlined in Minnesota Rules part <br />8205.1010. Grand Rapids missed a deadline in responding to the petitioners resulting in the petitioners not <br />being provided time to amend the petition. When challenged in district court, the Itasca County district <br />court allowed two additional days to fix the petition, which the petitioner was able to do. <br />- The Mounds View petition is brought under Minnesota Statutes, Section 410.12, which, unlike the <br />statute the Grand Rapids petition was brought under, provides a process through which the <br />petitioners have time to amend their petition. Additionally, the deadline to submit a petition still <br />has not passed and is February 22, 2022. <br />Bauman v. City of New Brighton, Bauman v. City of New Brighton, No. 62-CV-16-4804, 2016 WL <br />4581497, at *2 (Minn. 2nd Jud. Dist., August 25, 2016 Order). Citizens of the city of New Brighton <br />submitted a petition under Minnesota Statutes, Section 205.07 to put the question of moving the City’s <br />election year to even numbered years to a vote at the general election. New Brighton claimed the petition <br />was deficient because the summary of the purpose of the petition was not included on each page and did <br />not allow the petitioners time to correct the deficiency. The district court determined that the city did not <br />provide the time for the petitioners to correct the petition, the summary provided in the petition was <br />sufficient, and determined that New Brighton needed to adopt the ordinance prior to June 1 of the previous <br />year for it to be valid. <br />- In Mounds View, the petition is submitted under Minnesota Statutes, Section 410.12 not Minnesota <br />Statutes, Section 205.07. The timelines provided in Minnesota Statutes, Section 410.12 provide an <br />opportunity to the Petitioners to submit an amended petition. Additionally, the time to submit any <br />petition has not passed and Petitioners have until February 22, 2022 to submit a new petition. <br />Bogen v. Sheedy, 229 N.W.2d.19 (Minn. 1975). The city of Duluth enacted two ordinances that were <br />debated together, considered together, and passed at the same time regarding adult uses. Petitioners <br />submitted one petition to rescind both ordinances which was rejected by Duluth. Duluth claimed there must <br />be two separate petitions. The Minnesota Supreme Court held that the single petition was sufficient since <br />one could very reasonably assume the two provisions were one ordinance and there was very little chance <br />that the public was either deceived or that logrolling in securing of the petition took place. The petition <br />submitted was otherwise accepted by Duluth as being sufficient. <br />- In Mounds View, the petition is deficient due to not being in the proper form which means that <br />specific information required to be included in that form that is used to validate the petition’s <br />signatures as valid. <br />Butler v. St. Paul. Citizens of St. Paul, 936 N.W.2d 478 (Minn. 2019). Citizens of Saint Paul submitted <br />a petition to move the city elections from odd to even numbered years. The petition followed the
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