Jennissen v. City of Bloomington

904 N.W.2d 234
CourtCourt of Appeals of Minnesota
DecidedNovember 20, 2017
DocketA17-0221
StatusPublished
Cited by2 cases

This text of 904 N.W.2d 234 (Jennissen v. City of Bloomington) 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
Jennissen v. City of Bloomington, 904 N.W.2d 234 (Mich. Ct. App. 2017).

Opinion

SCHELLHAS, Judge

OPINION

Appellants challenge the district court’s summary judgment in favor of the city and the ruling that appellants’ proposed city charter amendment to require voter approval before the city establishes a system of organized collection of solid waste is preempted by Minn. Stat. § 115A.94. Because we conclude that by enacting Minn. Stat. § 115A.94 the legislature has preempted the field of legislation on a municipality’s establishment of organized collection, we affirm.

FACTS

In late 2014, respondent City of Bloom-ington began the statutory process under the MWMA to change from an open sys-tern of collection of solid waste to a system of organized collection. Under an open system, residents are free to ■ hire a city-licensed collector to collect their solid waste; under an organized-collection system, the city contracts with a specific collector or group of collectors to remove garbage in defined areas. Minn. Stat. § 115A.94, subd. 1.

Bloomington is a home-rule charter city under Minnesota Statutes chapter 410. The city’s charter reserves for its citizens the power to bring forth ballot initiatives, referenda, and amendments to the city charter. Bloomington, Minn., City Charter (BCC) §§ 5.01-.12 (2017); see Minn. Stat. § 410.12 (2016).

In March 2015, appellants, a group of city residents opposed to the city’s efforts to implement organized collection, petitioned the city for a ballot initiative on an ordinance that would require voter approval as a prerequisite to the city’s adoption of organized collection. The city attorney determined that the MWMA preempts appellants’ proposed ordinance and that a ballot-initiative for the proposed ordinance constituted a “premature referendum” because it sought to refer an issue to the voters before the city council actually passed an ordinance. In late June 2015, appellants sued the city, seeking an order-to compel approval of the petition for a ballot initiative. (Jennissen I).

After a public hearing on June 22, 2015, the city council resolved to adopt a system of organized collection of solid waste. On December 21, the city council adopted an organized-collection ordinance, effective December 31. On December 21, the city also executed a five-year contract with Bloomington Haulers LLC, a consortium of solid-waste collectors. The contract detailed the types of waste to be collected, the dates and times of waste pickup in specified city zones, and the rights and responsibilities of the parties.

On April 25, 2016, the district court granted summary judgment in favor of the city in' Jennissen I. The court concluded that appellants’ proposed ordinance was neither a proper initiative nor a proper referendum because it did not actually propose a new ordinance or refer to an ordinance passed by the city council. The court concluded that appellants’ goal to limit the power of the city council could only be achieved through amendment of the city charter under Minn. Stat. § 410.12.

Appellants next submitted to the city a petition for a proposed charter amendment to be placed on ¿ ballot. Appellant's’ proposed charter amendment was nearly identical to the prior proposed ordinance and read:

Unless first approved by a majority of the voters in a state general election, the City shall not. replace the competitive market in solid waste collection with a system in which solid waste services are provided by government-chosen collectors or in government-designated districts. The adoption of this charter amendment shall supersede any ordinances ... related to solid waste adopted by the City Council in' 2015-2016.

On June 27, 2016, the city council found that the proposed amendment was “manifestly unconstitutional” because it impaired the city’s contract with the consortium, interfered with the city’s “lengthy and thoughtful legislative process,” and was preempted by the, MWMA. The city council therefore rejected the proposed charter amendment.

In July 2016, appellants sued the city, seeking to compel the city to place the proposed charter amendment on the next general-election ballot. (Jennissen II). The district court granted the city summary judgment on preemption grounds.

Appellants challenge the summary judgment in favor of the city. The city cross-appeals . the district court’s denial of its other grounds for summary judgment.

ISSUE

Does Minnesota Statutes section 115A.94 of the MWMA preempt a proposed city charter amendment that requires a city to seek and obtain voter approval before establishing a system of organized collection of solid waste?

ANALYSIS

Appellants argue that the, district court erred as a matter of law by concluding that the MWMA preempts the proposed city charter amendment. The question of whether a state statute preempts a municipal charter provision is a question of law, which appellate courts review de novo. Bicking v. City of Minneapolis, 891 N.W.2d 304, 312 (Minn. 2017). Because this is an appeal from summary judgment and the facts are not in dispute, this court reviews de novo whether the district court erred in its 'application of the law. Morton Bldgs., Inc. v. Comm'r of Revenue, 488 N.W.2d 254, 257 (Minn. 1992); State by Cooper v. French, 460 N.W.2d 2, 4 (Minn. 1990).

The Minnesota Constitution allows any local government unit to adopt a home-rule charter for its government. Minn. Const. art XII, § 4; see Bicking, 891 N.W.2d at 306 (explaining how a city charter is framed' and amended). A city may frame a charter for its own government in a manner as provided under Minn. Stat. §§ 410.01-.33 (2016), and it may provide for a scheme of municipal government that is not inconsistent with the Minnesota Constitution. Minn. Const, art XII, § 5; Minn. Stat. § 410.04; Bicking, 891 N.W.2d at 306. A “charter commission” is appointed to both frame and later amend a city charter. Minn. Const. art XII, § 5; Minn. Stat. § 410.05.

Municipalities have no inherent powers and “can enact regulations only expressly conferred by statute or implied as necessary in aid of those.powers which have been expressly conferred.” Bicking, 891 N.W.2d at 312 (quotations omitted). “[CJharter provisions (and therefore charter amendments) must be consistent with state law and state public policy.”1 Id.; see also State ex rel. Town of Lowell v. City of Crookston, 252 Minn. 526, 528, 91 N.W.2d 81, 83 (1958) (“The power conferred upon cities to frame and adopt home rule charters is limited by the provision that such charter shall always be in harmony with and subject to the constitution and' laws of the state.” (quotation omitted)). A'home-rule charter does not preclude the legislature from preempting charter authority on matters of state concern. Town of Lowell, 252 Minn. at 528-29, 91 N.W.2d at 83-84.

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904 N.W.2d 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennissen-v-city-of-bloomington-minnctapp-2017.