Thursday, January 21, 2010

League of Minnesota Cities to file brief in Brayton appeal
(A statement released earlier today by the League of Minnesota Cities)

After an extensive discussion, the League of Minnesota Cities Board of Directors today voted unanimously to authorize League staff to seek permission to file an amicus curiae (friend of the court) brief in the appeal of the unallotment lawsuit that the State Supreme Court recently agreed to consider. The Board members concluded that the Brayton Case involves important constitutional issues regarding separation of powers that could affect the state’s budget process and could have repercussions for cities.

The League Board also discussed a possible direct legal challenge to the 2009 and 2010 unallotments but ultimately decided to file the amicus brief to assist the Court based on legal principles and the separation of powers.

Today’s consideration by the Board was prompted by a recent Ramsey County District Court decision (Brayton, et al v. Tim Pawlenty, et al) that, while the Governor’s unallotment authority is constitutional, the manner in which the Governor exercised his unallotment power this past summer with respect to the State’s dietary aid program was invalid and unconstitutional. The State Supreme Court will hear the case on March 15.

The League regularly files briefs in appellate court matters affecting the interests of LMC members. Amicus briefs are drafted to provide the court with information that is intended to help the Court reach a decision.