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LILLY v. CITY OF MINNEAPOLIS

Nos. C6-94-1583, CX-94-1585.

527 N.W.2d 107 (1995)

James A. LILLY, Respondent, v. CITY OF MINNEAPOLIS, Appellant (C6-94-1583), Respondent (C8-94-1584/CX-94-1585), and Kellie Jones, et al., intervenors, Respondents (C6-94-1583/CX-94-1585), Appellants (C8-94-1584), Jane Anglin, et al., intervenors, Respondents (C6-94-1583/C8-94-1584), Appellants (CX-94-1585).

Court of Appeals of Minnesota.

Review Denied March 29, 1995.

Attorney(s) appearing for the Case

Jordan W. Lorence, Paeonian Springs, VA, Paul Shoemaker, Minneapolis, for James A. Lilly.

Surell Brady, City Atty., James A. Moore, Asst. City Atty., Minneapolis, for City of Minneapolis.

Scott A. Benson, Dorsey & Whitney, Minneapolis, for Kellie Jones, et al.

Kristin Nering Lockhart, Brosnahan, Joseph, Lockhart & Suggs, Minneapolis, for Jane Anglin, et al.

Beverly Balos, University of Minnesota, Michael O. Freeman, Hennepin County Atty., Minneapolis, for amicus curiae Hennepin County.

Hubert H. Humphrey, III, Atty. Gen., John Garry, Asst. Atty. Gen., St. Paul, for amicus curiae Minnesota Atty. Gen.

Richard M. Erdall, Minneapolis Professional Employees Ass'n, Minneapolis, for amicus curiae MPEA.

Tom Prichard, Minnesota Family Council, Minneapolis, for amicus curiae Minnesota Family Council.

David M. Wagner, Family Research Council, Washington, DC, for amicus curiae Family Research Council.

Considered and decided by PETERSON, P.J., and SCHUMACHER and FOLEY, JJ.

OPINION

DANIEL F. FOLEY, Judge.

This case involves a confrontation between a home rule charter city's exercise of power in light of a state statute. Appellants, the City of Minneapolis and five city employees, challenge a judgment that permanently enjoins the city from providing health insurance benefits for city employees' same sex domestic partners and blood relatives not authorized to receive such benefits under Minn. Stat. § 471.61 (1992).

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