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MINNESOTA SOUVENIR MILKCAPS, LLC v. STATE

No. A04-504.

687 N.W.2d 400 (2004)

MINNESOTA SOUVENIR MILKCAPS, LLC, et al., Appellants, v. STATE of Minnesota, et al., Respondents, Allied Charities of Minnesota, Intervener.

Court of Appeals of Minnesota.

October 12, 2004.

Attorney(s) appearing for the Case

Donald R. McNeil, Stephen F. Buterin, Coleman, Hull & Van Vliet, PLLP, Minneapolis, MN; and Kevin P. Staunton, Staunton Law Group PLLC, Edina, MN; and A.M. "Sandy" Keith, Dunlap & Seeger PA, Rochester, MN, for appellants.

Mike Hatch, Attorney General, E. Joseph Newton, Assistant Attorney General, St. Paul, MN, for respondents.

Mary B. Magnuson, Jacobson, Buffalo, Schoessler & Magnuson, Ltd., St. Paul, MN, for intervener.

Considered and decided by TOUSSAINT, Chief Judge, Presiding; ANDERSON, Judge; and HALBROOKS, Judge.

OPINION

G. BARRY ANDERSON, Judge.

Appellants distributed and marketed "milkcaps" with a promotional scratch game. Respondents notified appellants that the promotional game violated Minnesota law prohibiting lotteries. Appellants voluntarily ceased distribution of the milkcaps and brought an action seeking a declaratory judgment that their promotional game was not a lottery. The district court concluded that the promotional game was a lottery. We affirm....

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