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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 />112. The public clearly understand that Respondent Orono's intent is to do <br />just that. Liz Navratil, Orono calls special election that could unseat council member <br />amid political drama, The Minnesota Star Tribune, Feb. 12, 2025 (6:30 AM), <br />https://www.startribune.com/orono-special-election-city-council/601220897 ("Orono <br />residents will vote for a City Council member in May in a special election that could <br />unseat a member whose recent appointment by the former mayor proved <br />controversial.") (emphasis added). <br />113. Petitioners acknowledge that the legislature allows municipalities to <br />call special elections for seats where appointments are made until a special election <br />at a time other than the next regular city election. See Minn. Stat. § 205.10; Minn. <br />Stat. § 412.02, subd. 2a. But consistent with the limitations on removing officials from <br />office, those provisions must narrowly construed and only applied forward -looking to <br />avoid abuse, such as the passage of an ordinance like Ordinance No. 307 to achieve <br />political ends. Ordinances like No. 307 cannot be applied retroactively to vacancies <br />that have already been filled for the remainder of an unexpired term, whether as a <br />matter of statutory construction, constitutional principle, or good public policy. <br />114. Therefore, under these circumstances, Respondent Orono committed a <br />wrongful act, an error, or both by adopting Resolution No. 7554 that applies <br />Ordinance No. 307 retroactively in contravention of Minn. Stat. § 412.02, subd. 2a <br />and the Minnesota Constitution. <br />26 <br />81 <br />