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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 />77. Mayor Bob Tunheim, for one, admits this. See supra ¶44 & n.3 (Mayor <br />Tunheim acknowledging the 2024 City Council's intent to appoint Ms. Berrett for the <br />remainder of Mr. Johnson's unexpired term). He and his fellow council members just <br />don't like this. Id. ("So we wouldn't necessarily have to do this, but I want to, I want <br />to fix what I think the prior council did in overreaching by saying that Miss Berrett <br />was named until the end of that next term, and I don't read the statute as <br />allowing that."). <br />78. Upon information and belief, neither Mr. Tunheim, nor any other citizen of <br />Orono, brought a civil action to challenge the appointment of Ms. Berrett as an <br />"overreach." <br />79. Neither would any such lawsuit have merit, because Minnesota has long held <br />that an appointment for the full remainder of a term of office following a vacancy is <br />not "overreaching"; rather, it is reasonable and lawful. State ex rel. Evans v. Borgen, <br />248 N.W. 744, 745 (Minn. 1933) ("It is true that an elective office should not be filled <br />by appointment for a longer period than reasonably necessary. But an appointment <br />for the unexpired term cannot be held unreasonable. In fact the contrary has long <br />since been declared to be the law in this state."). <br />80. The Supreme Court in State ex rel. Loring v. Benedict, 15 Minn. 198, 204 <br />(1870), made this abundantly clear: "the legislature is not restrained from making <br />such provision for filling vacancies by appointment until a next general election, or <br />for the balance of an unexpired term, as may be deemed advisable." <br />17 <br />W <br />