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KELLY v. CAMPAIGN FINANCE AND PUBLIC

No. A03-970.

679 N.W.2d 178 (2004)

Mayor Randy KELLY, Relator, v. CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD, Respondent.

Court of Appeals of Minnesota.

May 11, 2004.

Attorney(s) appearing for the Case

Manuel J. Cervantes, St. Paul City Attorney, Gerald T. Hendrickson, Deputy City Attorney, John H. Stechmann, Assistant City Attorney, St. Paul, MN, for relator.

Mike Hatch, Attorney General, Gregory P. Huwe, Assistant Attorney General, St. Paul, MN, for respondent.

Considered and decided by SHUMAKER, Presiding Judge; KALITOWSKI, Judge; and MINGE, Judge.

OPINION

KALITOWSKI, Judge.

A complaint filed with respondent alleged that relator City of St. Paul Mayor Randy Kelly accepted a gift from a lobbyist principal, in violation of Minn.Stat. § 10A.071 (2002). Following a hearing, respondent found that there was probable cause to believe that relator had violated section 10A.071. Relator challenges respondent's decision, arguing that he did not violate section 10A.071 because the gift was to the city, it...

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