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JEWISH COMMUNITY ACTION v. COMMISSIONER

Nos. CX-02-1214, C4-02-1290.

657 N.W.2d 604 (2003)

JEWISH COMMUNITY ACTION, et al., Petitioners, National Lawyers Guild—Minnesota Chapter, et al., Petitioners, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

March 11, 2003.

Attorney(s) appearing for the Case

Todd A. Noteboom, Daniel L. Palmquist, Timothy P. Griffin, Mical R. Kapsner, Leonard, Street and Deinard, Minneapolis, MN, for petitioners Jewish Community Action, et al.

Jordan S. Kushner, Minneapolis, MN, and Peter James Nickitas, St. Paul, MN, for petitioners National Lawyers Guild— Minnesota Chapter, et al.

Mike Hatch, Attorney General, Melissa J. Eberhart, Omar A. Syed, Assistant Attorneys General, St. Paul, MN, for respondent.

Teresa Jo Nelson, St. Paul, MN, for Minnesota Civil Liberties Union.

Eric Lipman, State Representative, Minneapolis, MN, for amicus curiae legislators.

Steven L. Theesfeld, Yost and Baill, LLP, Minneapolis, MN, for amicus curiae Minnesotans for Immigration Reform.

Considered and decided by MINGE, Presiding Judge, SHUMAKER, Judge, and HALBROOKS, Judge.

OPINION

GORDON W. SHUMAKER, Judge.

This is a pre-enforcement declaratory-judgment action over which this court has original jurisdiction under Minn.Stat. § 14.44 (2002). The petitioners seek judgment declaring invalid certain department of public safety rules pertaining to proof of identity for the issuance of drivers' licenses and state identification cards. The petitioners contend that the department exceeded its authority in promulgating the rules...

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