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27-CV-25-2808 <br />Filed in District Court <br />State of Minnesota <br />2/15/2025 12:08 PM <br />filled: "The council must specify by ordinance under what circumstances it will hold <br />a special election to fill a vacancy other than a special election held at the same <br />time as the regular city election." (emphasis added). <br />III. The 2025 Orono City Council Called for a Special Election for a Seat <br />for Which There Is No Vacancy —Claire Berrett Was Appointed <br />Months Ago and Holds the Seat. <br />52. Despite no vacancy existing, on February 10, 2025, the Orono City Council <br />adopted Resolution No. 7554 "order[ing] a special municipal election to be held on <br />Tuesday, May 13, 2025, to fill the vacancy on city council...." Dickey Aff. Ex. N; see <br />also Dickey Aff. Ex. M..5 <br />53. Resolution No. 7554 admits that the vacancy created by Matt Johnson's <br />resignation was filled by the appointment of Claire Berrett on November 25, 2024. <br />Dickey Aff. Ex. N. <br />54.At the time the Orono City Council adopted Resolution No. 7554, there was no <br />existing or anticipated vacancy on the Orono City Council. <br />55.At the time of the filing of this petition, there is no current or anticipated <br />vacancy on the Orono City Council. <br />56.Orono City Council Member Claire Berrett is currently the rightful incumbent <br />of the City Council seat for which Resolution No. 7554 purports to order a special <br />election. <br />5 City of Orono, Minnesota, City Council Meeting, Monday, February 10, 2025, <br />available at https://oronomn.new.swagit.com/videos/334379 (last accessed Feb. 11, <br />2025) (see 01:05:14 - 01:35:02). <br />12 <br />67 <br />