Kroschel v. City of Afton

512 N.W.2d 351, 22 Media L. Rep. (BNA) 1821, 1994 Minn. App. LEXIS 188, 1994 WL 67091
CourtCourt of Appeals of Minnesota
DecidedMarch 8, 1994
DocketNo. C3-93-1661
StatusPublished
Cited by3 cases

This text of 512 N.W.2d 351 (Kroschel v. City of Afton) 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
Kroschel v. City of Afton, 512 N.W.2d 351, 22 Media L. Rep. (BNA) 1821, 1994 Minn. App. LEXIS 188, 1994 WL 67091 (Mich. Ct. App. 1994).

Opinion

OPINION

DAVIES, Judge.

Appellants commenced this action seeking a declaratory judgment that respondents have either the duty or the authority to defend, or to reimburse them for costs and attorney fees incurred to defend, an action alleging that appellants violated the open meeting law. The trial court granted summary judgment for respondents. The trial court also granted $500 in attorney fees for each respondent. We affirm the grant of attorney fees, but otherwise reverse and remand.

FACTS

Appellants were defendants in an action brought by an Afton resident against the mayor of Afton and two city council members in both their personal and official capacities. Thuma v. Kroschel, 506 N.W.2d 14, 16 (Minn.App.1993), pet. for rev. denied (Minn. Dec. 14, 1993) (the Thuma action). This action is a derivative of that action.

At all relevant times, appellant Jon S. Kroschel was the mayor of the City of Afton, and appellants Suzanne Flinsch and Nicholas Mucciacciaro were members of the Afton City Council. Count I of the Thuma complaint alleged that by holding a closed meeting during which they deliberated and approved a contract for the repair of the well in Afton Square Town Park, appellants violated the Minnesota Open Meeting Law, Minn. Stat. § 471.705, subd. 1 (1990). Count II alleged that the mayor’s action in approving the contract under “emergency powers” was ultra vires because the mayor has no “emergency powers.” Count III alleged that failure to obtain two quotations for the emergency well-drilling contract violated the Uniform Municipal Contracting Law, Minn.Stat. § 471.345, subd. 5 (1990).

The Thuma complaint sought a “civil penalty” against each individual defendant in the amount of $100 for each separate violation of the open meeting law. It also sought to have appellants removed from office because of multiple violations of the open meeting law. It did not seek compensatory damages or punitive damages and the city was not a party to the suit.

The trial court found that each appellant violated the open meeting law on one occasion; that Mayor Kroschel acted ultra vires in executing the contract without authority of [353]*353the city council; but that appellants had not violated the Uniform Municipal Contracting Act. For the open meeting violation, the trial court imposed a $100 “civil penalty” on each appellant pursuant to Minn.Stat. § 471-705, subd 2. (1990).

On appeal, this court affirmed the ruling that appellants violated the open meeting law. Thuma v. Kroschel 506 N.W.2d 14, 19 (Minn.App.1993), pet. for rev. denied (Minn. Dec. 14,1998). This court concluded, however, that the trial court did not have jurisdiction to decide the ultra vires issue on the merits. Id. at 21.

While the Thuma action was pending, appellants commenced this declaratory judgment action against the city and the League of Minnesota Cities Insurance Trust (LMCIT). Appellants assert that respondent city was obligated to provide them a defense in the Thuma action pursuant to either Minn.Stat. § 466.07 (1990) (indemnification for municipal employee liability) or Minn.Stat. § 465.76 (1990) (reimbursement to municipal employee for costs and attorney fees incurred in the defense of charges of a “criminal nature”). Appellants also assert that respondent LMCIT, a self-insuring pool operated for the benefit of Minnesota municipalities, owes them a defense and reimbursement under the covenant issued to the city by LMCIT.

Counsel for the city and LMCIT appeared at a first summary judgment motion hearing, but the hearing was cancelled when appellants advised them that a stipulation for dismissal would be filed because the city council had voted to reimburse appellants. Within days, the council decision to reimburse appellants was rescinded, and the summary judgment motion hearing was again noticed. At the rescheduled hearing, the city and LMCIT sought attorney fees because their counsel had to appear twice to argue the same' summary judgment motion. The trial court granted attorney fees in the sum of $500 for each respondent.

At the hearing, the district court also granted summary judgment in favor of the city and LMCIT, dismissing with prejudice appellants’ petition for declaratory relief.

We affirm the award of attorney fees to respondents, but reverse the dismissal, and remand.

ISSUES

1. Does the city have a duty under Minn. Stat. § 466.07 (1990) to defend the Thuma action, or to reimburse for costs and attorneys fees incurred by appellants to defend the action?

2. May the city under Minn.Stat. § 465.76 (1990) reimburse appellants for costs and attorney fees incurred to defend the Thuma action?

3. Is LMCIT obligated to provide coverage on behalf of the • city pursuant to the terms of the covenant it issued to the city?

4. Did the trial court abuse its discretion by awarding attorney fees to each respondent in the amount of $500?

ANALYSIS

On appeal from summary judgment, this court must determine whether any genuine issues of material fact exist and whether the trial court erred in its application of the law. Offerdahl v. University of Minn. Hosps. & Clinics, 426 N.W.2d 425, 427 (1988). The parties agree that there are no material facts in dispute and that resolution of this case depends upon the legal determination of how statutes are applied to undisputed facts. This court owes no deference to the trial court’s resolution of a legal issue. Queen v. Minneapolis Pub. Schs., 481 N.W.2d 66, 67 (Minn.App.1992).

“The object of all interpretation and construction of laws is to ascertain and effectuate the intention of the legislature.” Minn. Stat. § 645.16 (1990); accord Tuma v. Commissioner of Economic Sec., 386 N.W.2d 702, 706 (Minn.1986). When interpreting a statute, the court must

examine the language of the statute and, “[ajbsent a clearly expressed legislative intention to the contrary, that legislative intention must ordinarily be regarded as conclusive.”

Swenson v. Emerson Elec. Co., 374 N.W.2d 690, 699 (Minn.1985) (quoting Consumer Prod. Safety Comm’n v. GTE Sylvania, Inc., [354]*354447 U.S. 102, 108, 100 S.Ct. 2051, 2056, 64 L.Ed.2d 766 (1980)), cert. denied, 476 U.S. 1130, 106 S.Ct. 1998, 90 L.Ed.2d 678 (1986).

I.

The open meeting law requires that meetings of the governing body of any city shall generally be open to the public. Minn. Stat. § 471.705, subd. 1 (1990). Any person who violates the open meeting law “shall be subject to persona] liability in the form of a civil.penalty in an amount not to exceed $100 for a single occurrence.” Minn.Stat. § 471.-705, subd.

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Related

Wright v. City of Danville
675 N.E.2d 110 (Illinois Supreme Court, 1996)
Kroschel v. City of Afton
524 N.W.2d 719 (Supreme Court of Minnesota, 1994)

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Bluebook (online)
512 N.W.2d 351, 22 Media L. Rep. (BNA) 1821, 1994 Minn. App. LEXIS 188, 1994 WL 67091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kroschel-v-city-of-afton-minnctapp-1994.