Laserfiche WebLink
27-CV-25-2808 <br />Filed in District Court <br />State of Minnesota <br />2/15/2025 12:08 PM <br />State ex rel. Dosland v. Holm, 279 N.W. 218, 220 (Minn. 1938). <br />89.In other words, just because Orono gives itself the power to fill a vacancy by <br />ordinance does not mean it can use that power to declare a vacancy, which it has done <br />by calling a special election. But it cannot, because Claire Berrett is an incumbent by <br />virtue of her appointment until at least December 31, 2026. <br />90. There being no vacancy in any Orono City Council seat, the Orono City <br />Council's adoption of Resolution No. 7554 and its order for a special election <br />constitutes an error, a wrongful act, or both. See Minn. Stat. § 351.02 (defining when <br />vacancies occur); State ex rel. Peterson v. Bensel, 259 N.W. 389, 390 (Minn. 1935) <br />(stating that State ex rel. Evens v. Borgen, 248 N.W. 744 (Minn. 1933), "holds that no <br />lawful ballots can be cast for the office of sheriff at a general election unless the term <br />of the incumbent, whether elected or appointed, expires on the first Monday of <br />January following the election."); see also Order, Minn. Voters All. v. Walz, No. A25- <br />0017 (Minn. Jan. 17, 2025) (quashing Governor Walz's unlawful writ of election and <br />cancelling House District 40B election). <br />B. An Ordinance Cannot Be Applied Retroactively to Effectively Remove <br />an Officeholder from Office Before the Expiration of the Full Term of <br />Appointment, so Ordinance No. 307 Cannot Be Applied to Claire <br />Berrett's Seat. <br />91. Under the Minnesota Constitution, the legislature has full authority to define <br />municipal power, such as the power to call a special election and the timing of a <br />special election. Minn. Const. art. XII, §3. <br />20 <br />75 <br />