Carney v. State

792 N.W.2d 115, 2010 Minn. App. LEXIS 184, 2010 WL 5292384
CourtCourt of Appeals of Minnesota
DecidedDecember 28, 2010
DocketNo. A10-432
StatusPublished

This text of 792 N.W.2d 115 (Carney v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carney v. State, 792 N.W.2d 115, 2010 Minn. App. LEXIS 184, 2010 WL 5292384 (Mich. Ct. App. 2010).

Opinion

OPINION

LANSING, Judge.

This appeal is from a district court judgment dismissing Robert Carney, Jr.’s challenge to an executive-branch unallotment that eliminated funding for the political-contribution refund program. Because the Minnesota Legislature lawfully voided and superseded the challenged unallotment in its 2010 First Special Session, we dismiss Carney’s appeal as moot.

FACTS

The political-contribution refund (PCR) program, governed by Minn.Stat. § 290.06, subd. 23 (2010), allows taxpayers to claim a refund for contributions, up to $50 for individuals and $100 for married couples, made to political parties or to candidates agreeing to limit campaign expenditures in accordance with Minn.Stat. § 10A.322 (2010). On July 1, 2009, Governor Tim Pawlenty approved budgetary unallot-ments that, among other reductions, eliminated funding for the PCR program for refunds of political contributions made between July 1, 2009, and June 30, 2011. These budgetary unallotments are more generally described in the supreme court’s decision in Brayton v. Pawlenty, 781 N.W.2d 357, 359-61 (Minn.2010).

On July 22, 2009, with knowledge of the elimination of funds for the PCR program, Carney made a $50 contribution to the Fifth Congressional District Green Party of Minnesota. Carney then submitted an application for a refund. Although the application form dictated use “to claim a refund of contributions made between January 1 through June 30, 2009,” Carney included a handwritten notation: “Note, per MN law, I am filing for a contribution made after 6/30/09.” By letter dated August 26, 2009, the Minnesota Department of Revenue notified Carney that it could not process his application “because no funding [was] presently available to pay refunds for contributions made between July 1, 2009, and June 30, 2011.”

On July 23, 2009, Carney initiated this putative class action in district court against the State of Minnesota and Minnesota Commissioner of Revenue Ward Einess (the state). The single count of Carney’s complaint asserted violations of Minn.Stat. §§ 16A.152 (2010) (the unallotment statute), 290.06 (the PCR statute), and 270C.435 (2010), which provides that tax refunds or other payments to taxpayers are not assignable or subject to legal process except as specifically provided by [117]*117law. The theory of liability alleged by Carney’s complaint was that the authority to unallot provided by Minn.Stat. § 16A.152, subd. 4(b), does not extend to the PCR program and that eliminating funding for the PCR program constituted unlawful legal process against a tax refund under Minn.Stat. § 270C.435.

Several months into the litigation, Carney amended his complaint to assert a motion for a temporary injunction and the state moved to dismiss the complaint or, in the alternative, for summary judgment. In his memorandum in opposition to the state’s motion to dismiss or for summary judgment, Carney set forth a new theory of liability, that “the unallotment power of MinmStat. § 16A.152, subd. 4(b), must be based on events that occur after the start of the biennium; then and only then do [respondents] have the power of unallotment.” This theory has some commonality with the basis on which the Minnesota Supreme Court ultimately held, in Bray-ton, that the unallotments were unlawful. See Brayton, 781 N.W.2d at 368 (holding that, “[b]ecause the legislative and executive branches never enacted a balanced budget for the 2010-11 biennium, use of the unallotment power to address the unresolved deficit exceeded the authority granted to the executive branch by the [unallotment] statute”). Carney did not, however, move to amend his complaint to allege the basis on which Brayton was decided.

The district court issued a written order denying Carney’s motion for a temporary injunction. In the same order, it granted the state’s motion to dismiss. Distinguishing its previous determination on constitutional principles, the district court explained that “[t]his lawsuit unlike the [earlier district court] Brayton case involves only the issue of whether the [PCR] program is subject to unallotment by the [governor.” Concluding that the statutory arguments advanced by Carney did not preclude the governor’s statutory unallotment authority from extending to the PCR program, the district court granted the state’s motion to dismiss. The district court declined to address Carney’s newly asserted unallotment theory, reasoning “that it would not be fair to deny [the state’s] motion to dismiss based on claims that were not asserted in [Carney’s] [e]omplaint and not argued in [his] initial ... memorandum.”

After Carney filed his appeal, the Minnesota Supreme Court released its decision in Brayton, holding that the executive branch exceeded its statutory authority by making the unallotments before a balanced budget had been passed. Id. As the 2009-10 legislative session was drawing to a close, the legislature and the governor reached agreement on a bill to balance the budget. Following the close of the general legislative session on May 17, 2010, the governor called an immediate special session, at which the legislature passed the bill, House File 1, and adjourned the special session on the same day. The governor signed the bill into law on May 21, 2010. 2010 Minn. Laws 1st Spec. Sess. ch. 1, art. 13, § 4, at 2056. House File 1 voided the executive-branch allotment reductions made by the commissioner of management and budget but suspended funding for the PCR program to the same extent as did the executive unal-lotments.

On appeal, Carney argues that because the legislature enacted House File 1 on the day prescribed for adjournment, the enactment is invalid and his lawsuit should be allowed to proceed. Secondarily, he argues that his action was improperly dismissed because it is based on the same theory that prevailed in Brayton.

[118]*118ISSUES

Does the passage of House File 1, enacted by the legislature at a special session held on the day prescribed for adjournment of the 2009-10 legislative session, make this appeal moot?

ANALYSIS

It is a well-established rule in Minnesota that reviewing courts will dismiss a case as moot when effective relief cannot be granted. Kahn v. Griffin, 701 N.W.2d 815, 821 (Minn.2005). The mootness doctrine applies to a case, pending appeal, if “an event occurs that makes a decision on the merits unnecessary or an award of effective relief impossible.” In re Application of Minnegasco, 565 N.W.2d 706, 710 (Minn.1997). Carney concedes that, if House File 1 was lawfully passed, his claims are moot. But he argues that the passage of House File 1 was constitutionally infirm and, thus, that his lawsuit remains viable.

“Issues of constitutional interpretation are questions of law and are reviewed by this court de novo.” State v. Brooks, 604 N.W.2d 345, 348 (Minn.2000). “When constitutional language is unambiguous, the language is effective as written and no further rules of construction should be applied.” Id. “If the language is ambiguous, the court must look beyond the words for other indicia of intent.” Id.

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Related

State v. Brooks
604 N.W.2d 345 (Supreme Court of Minnesota, 2000)
Brayton v. Pawlenty
781 N.W.2d 357 (Supreme Court of Minnesota, 2010)
Application of Minnegasco
565 N.W.2d 706 (Supreme Court of Minnesota, 1997)
Kahn v. Griffin
701 N.W.2d 815 (Supreme Court of Minnesota, 2005)
Knapp v. O'BRIEN
179 N.W.2d 88 (Supreme Court of Minnesota, 1970)
State Ex Rel. Hatch v. Allina Health System
679 N.W.2d 400 (Court of Appeals of Minnesota, 2004)
State v. Hoppe
215 N.W.2d 797 (Supreme Court of Minnesota, 1974)
State Ex Rel. Sviggum v. Hanson
732 N.W.2d 312 (Court of Appeals of Minnesota, 2007)

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Bluebook (online)
792 N.W.2d 115, 2010 Minn. App. LEXIS 184, 2010 WL 5292384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carney-v-state-minnctapp-2010.