RUKAVINA v. PAWLENTY

No. A03-1709.

684 N.W.2d 525 (2004)

Tom RUKAVINA, et al., Appellants, Range Association of Municipalities and Schools, Appellant, v. Tim PAWLENTY, Governor of Minnesota, et al., Respondents.

Court of Appeals of Minnesota.

August 3, 2004.


Attorney(s) appearing for the Case

Paul D. Cerkvenik, Trenti Law Firm, Virginia, MN, for appellants Rukavina, et al.

Richard E. Prebich, Law Offices of Richard E. Prebich, Hibbing, MN, for appellant Range Association.

Mike Hatch, Attorney General, Christie B. Eller, Kenneth E. Raschke, Jr., Assistant Attorneys General, St. Paul, MN, for respondents.

Considered and decided by STONEBURNER, Presiding Judge; SCHUMACHER, Judge; and FORSBERG, Judge.


OPINION

STONEBURNER, Judge.

Appellants challenge summary judgment dismissing, for lack of standing and on the merits, their claim that the commissioner of finance's $49 million reduction in allotments to the Minnesota Minerals 21st Century Fund (the mineral fund) and transfer of that amount to the general fund, under Minn.Stat. § 16A.152, subd. 4(b), to address the deficit in 2003, was unauthorized by the statute and unconstitutional. Because the range...

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