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DAVIES v. CITY OF MINNEAPOLIS

No. 51771.

316 N.W.2d 498 (1982)

Jack DAVIES, et al. petitioners, Appellants, v. CITY OF MINNEAPOLIS, et al., Respondents, and First Trust Company of St. Paul, intervenor, Respondent, Metropolitan Council, intervenor, Respondent, Metropolitan Sports Facilities Commission, intervenor, Respondent.

Supreme Court of Minnesota.

Rehearing Denied April 21, 1982.

Attorney(s) appearing for the Case

Kurzman, Shapiro & Manahan, Minneapolis, Jack Davies, for appellants.

Robert Alfton, City Atty., Jerome R. Jallo, Asst. City Atty., Minneapolis, for City of Minneapolis, et al.

Faegre & Benson, James Fitzmaurice and John H. Hinderaker, Oppenheimer, Wolff, Foster, Shepard & Donnelly, Richard G. Lareau, and Mark P. Wine, Minneapolis, for 1st Trust Co. of St. Paul.

John Hoeft, Staff Counsel, Metro. Council, St. Paul, for Metro. Council.

Olson, Gunn & Seran and David R. Knodell, Minneapolis, for Metro. Sports Facilities Comm.

Heard, considered, and decided by the court en banc.

TODD, Justice.

This is an appeal from an order of the District Court of Hennepin County quashing an alternative writ of mandamus directing the City of Minneapolis to submit to Minneapolis voters for their approval a city charter amendment proposed by citizen's petition. If approved by the voters, the effect of the amendment would be to repeal a hotel-motel liquor tax enacted by the City in August of 1979 to finance the construction of a new domed stadium. The trial...

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