MOBERG v. INDEPENDENT SCH. DIST. NO. 281

No. C6-82-1108.

336 N.W.2d 510 (1983)

Keith MOBERG and Joy Robb, Appellants, v. INDEPENDENT SCHOOL DISTRICT NO. 281, School Board of Independent School District No. 281, individually and in their representative capacity, and Ann Rest, individually and as a representative of Citizens Concerned for District No. 281, Respondents.

Supreme Court of Minnesota.

July 15, 1983.


Attorney(s) appearing for the Case

Stern, Levine, Schwartz, Lifson, Creighton & Bunin, Thomas D. Creighton and Brian F. Corey, St. Louis Park, for appellants.

Levander, Zimpfer, Zotaley & Vander Linden, Bernard Zimpfer and Robert H. Rydland, Minneapolis, for Independent School Dist. 281, et al.

Popham, Haik, Schnobrich, Kaufman & Doty and Bruce D. Willis, Minneapolis, for Ann Rest.

Peterson, Popovich, Knutson & Flynn, Peter S. Popovich and Susan Schoell, St. Paul, for Minnesota School Boards Ass'n.

Linda E. Museus of Louis D. Bass Law Office, Minneapolis, for Minnesota Common Causes.

Robert J. Alfton, City Atty., and Shannon E. Bradbury, Asst. City Atty., Minneapolis, for City of Minneapolis League of Minnesota Cities.

Holman & Holman, Kingsley D. Holman and David L. Holman, Bloomington, for Independent School Dist. No. 271.

Mark F. Anfinson, Minneapolis, for Minnesota Newspaper Ass'n.

Stanley G. Peskar and Jean Mitchell, St. Paul, for League of Minnesota Cities.

Oppenheimer, Wolff, Foster, Shepard & Donnelly, Mark S. Olson and Laurie A. Zenner, St. Paul, for Minnesota Educ. Ass'n.

LeFevere, Lefler, Kennedy, O'Brien & Drawz, J. Dennis O'Brien, Brian F. Rice and Lorraine S. Clugg, Minneapolis, for Ass'n of Metropolitan School Districts.

Heard, considered and decided by the court en banc after oral argument.


AMDAHL, Chief Justice.

Appellants brought an action for declaratory judgment requesting that respondents be enjoined from closing Robbinsdale High School, that respondent school board members be found in violation of Minn.Stat. § 471.705, subd. 1 (1982) (the Open Meeting Law), and that statutory penalties of fines and removal from office be imposed as consequences of those alleged violations. As a remedy for alleged violations of both the Open Meeting Law and...

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