Civil No. 08-4474(DSD/FLN).

598 F.Supp.2d 995 (2009)

BHGDN, LLC, Plaintiff, v. State of MINNESOTA and the Honorable Gene Hugoson, Commissioner of Agriculture, and Steve Ernest, in their Official and Individual Capacities, Defendants.

United States District Court, D. Minnesota.

February 24, 2009.

Attorney(s) appearing for the Case

Norman J. Baer, Esq., Mark D. Wisser, Esq., Steven M. Pincus, Esq. and Anthony, Ostlund, Baer, Louwagie & Ross, Minneapolis, MN, for plaintiff.

Kimberly J. Middendorf, Assistant Attorney General, Nathan J. Hartshorn, Assistant Attorney General, St. Paul, MN, for defendants.


DAVID S. DOTY, District Judge.

This matter is before the court on defendants' motion to dismiss. Based upon a review of the file, record and proceedings herein, and for the following reasons, the court grants defendants' motion.


This action challenges the constitutionality of a 2008 amendment to Minnesota Statutes § 41A.09. The Minnesota legislature enacted § 41A.09 in 1986 to establish the Ethanol Development...

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