MN Supreme Court dismisses suit filed by four MN Senators

Posted at 4:01 PM on June 22, 2011 by Tom Scheck
Filed under: 2011 Shutdown, MN Legislature, Mark Dayton

The Minnesota Supreme Court has dismissed a suit by four Minnesota Senators that said a lower court judge doesn't have the authority to authorize spending if a state shutdown occurs. Republican Senators Warren Limmer, Scott Newman, Sean Nienow and Roger Chamberlain filed the petition in the Minnesota Supreme Court last Friday. The court ruled today it didn't hold jurisdiction over the matter but didn't dismiss the challenge on its merits:

"We conclude based on the record before us that the petition does not satisfy the standards we have established for the exercise of our original jurisdiction over a petition for a writ of quo warranto. See Rice v. Connolly, 488 N.W.2d 241, 244 (Minn. 1992) ("While this court retains its original jurisdiction pursuant to Minn. Stat. § 480.04 (1990), we today signal our future intention to exercise that discretion in only the most exigent of circumstances."). Accordingly, we dismiss the petition without prejudice."

The four senators still have an avenue to win their case. Attorneys representing the group have also filed a challenge in Ramsey County District Court. Ramsey County Judge Kathleen Gearin is scheduled to hold a hearing on what services should continue if state government shuts down.

Attorney General Lori Swanson and Governor Mark Dayton are asking the judge to decide which services are essential. They also argue that Gearin has the authority to authorize spending. Here's the order issued by the Minnesota Supreme Court:

Order - Dismiss - Not Stipulated Entire Case1

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