Southern Minnesota Municipal Power Agency v. Boyne

563 N.W.2d 761, 1997 Minn. App. LEXIS 597, 1997 WL 274322
CourtCourt of Appeals of Minnesota
DecidedMay 27, 1997
DocketNo. C5-96-2325
StatusPublished

This text of 563 N.W.2d 761 (Southern Minnesota Municipal Power Agency v. Boyne) 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
Southern Minnesota Municipal Power Agency v. Boyne, 563 N.W.2d 761, 1997 Minn. App. LEXIS 597, 1997 WL 274322 (Mich. Ct. App. 1997).

Opinions

OPINION

KALITOWSKI, Judge.

On appeal from summary judgment, appellants argue that the Southern Minnesota Municipal Power Agency is subject to the Minnesota Open Meeting Law, Minn.Stat. § 471.705 (1996), and the Minnesota Data Practices Act, Minn.Stat. §§ 13.01-99 (1996).

FACTS

Municipal power agencies are created pursuant to and governed by Minn.Stat. §§ 453.51-62 (1996). The purpose of chapter 453 is to provide a means for Minnesota cities that own and operate a utility to secure an adequate, economical, and reliable source of energy. Minn.Stat. § 453.51. Two or more cities can create a separate entity “to finance and acquire facilities for the generation or transmission of electric energy.” Id.

Respondent Southern Minnesota Municipal Power Agency (SMMPA) is a municipal power agency that supplies electric power at wholesale to its 18 member cities, which in turn distribute the electric power to them respective customers. Appellants include newspaper publishers and journalists who periodically requested notice of SMMPA’s board meetings.

SMMPA sought a judicial declaration that the meetings of its board of directors are not subject to the Minnesota Open Meeting Law (Law). Appellants filed a counterclaim alleging that SMMPA was subject to both the Law and the Minnesota Data Practices Act (Act). The parties filed cross-motions for summary judgment, and the district court granted SMMPA’s motion concluding that the Law does not apply to SMMPA and, in the alternative, even if the Law does apply, SMMPA is exempt from it because of the language in SMMPA’s enabling legislation. The district court also concluded SMMPA is not subject to the Act.

ISSUES

1. Are municipal power agencies subject to the Minnesota Open Meeting Law?

2. Are municipal power agencies subject to the Minnesota Data Practices Act?

ANALYSIS

On appeal from summary judgment, the reviewing court must determine whether there are any genuine issues of material fact and whether the lower court erred in its application of the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn.1990). The [763]*763reviewing court must view the evidence in the light most favorable to the party against whom judgment was granted. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993). The construction of a statute is a question of law fully reviewable by an appellate court. Hibbing Educ. Ass’n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 (Minn.1985).

I.

On appeal, both parties agree that the issue of whether SMMPA is subject to the Law turns on statutory interpretation. The Minnesota Open Meeting Law, Minn.Stat. § 471.705, subd. 1 (1996), states:

Presumption of openness. Except as otherwise expressly provided by statvite, all meetings, including executive sessions, of any state agency, board, commission or department when required or permitted by law to transact public business in a meeting, and the governing body of any school district however organized, unorganized territory, county, city, town, or other public body, and of any committee, subcommittee, board, department or commission thereof, shall be open to the public, except meetings of the commissioner of corrections.

(Emphasis added.) In applying the Law our initial inquiry is whether the entity in question, here a municipal power agency, is subject to the requirements of the Law. If, by its terms, the Law applies we must then determine whether there is an express exemption that exempts the municipal power agency from the requirements of the Law. -

A. Does the Law apply to SMMPA?
The Law applies to
the governing body of any school district however organized, unorganized territory, county, city, town, or other public body, and of any committee, subcommittee, board, department or commission thereof ⅝ ⅜ *

Id. (emphasis added). A municipal power agency is defined as “a separate political subdivision and municipal corporation created by agreement between or among two or more cities pursuant to section 453.53.” Minn.Stat. § 453.52, subd. 8 (1996). In addition, the statute requiring an agency agreement between the cities states:

That the municipal power agency is created and incorporated under the provisions of sections 453.51 to 453.62 as a municipal corporation and a political subdivision of the state, to exercise thereunder a part of the sovereign powers of the state.

Minn.Stat. § 453.53, subd. 1(1) (1996). This language mirrors the powers granted to a municipal power agency by Minn.Stat. § 453.54, subd. 1 (1996), which provides:

A municipal power agency shall have all of the powers enumerated in this section, in furtherance of the purpose stated in section 453.51, and in the exercise thereof shall be deemed to be performing an essential governmental function and exercising a part of the sovereign powers of the state of Minnesota.

Notwithstanding the statutory language declaring SMMPA to be “a political subdivision of the state” “deemed to be performing an essential governmental function,” the district court held that SMMPA was not a public body and therefore was not subject to the Law. The court reached this conclusion by reading the statutory enumeration of the entities to whom the Law applies and applying the rule of ejvisdem generis. The rule of ejusdem generis requires

that where general words follow an enumeration of persons or things, by words of a particular and specific meaning, the general words are construed to embrace only persons or things of the same general kind or class as those before enumerated.

Kaiser v. Memorial Blood Ctr. of Minneapolis, Inc., 486 N.W.2d 762, 766 (Minn.1992) (quoting Francis J. McCaffrey, Statutory Construction § 16, at 41 (1953)); see also Minn.Stat. § 645.08(3) (1996) (general words construed to be restricted in their meaning by preceding particular words). Applying this rule, the district court concluded that because “SMMPA is not like a county, city, or town * * * the legislature did not include SMMPA under the Open Meeting Law.”

We disagree with the district court’s reasoning and conclusion. The supreme court has noted:

[764]*764[C]anons of construction are not the masters of the courts, but merely their servants, to aid them in ascertaining the legislative intent.

Wegener v. Commissioner of Revenue, 505 N.W.2d 612, 614 (Minn.1993) (quoting Winters v. City of Duluth, 82 Minn. 127, 129, 84 N.W. 788, 789 (1901)). Accordingly, ejusdem generis is to be used “only as an aid in ascertaining the legislative intent, and when that is apparent from the statute itself the rule has no application.” Winters,

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Related

Hibbing Education Ass'n v. Public Employment Relations Board
369 N.W.2d 527 (Supreme Court of Minnesota, 1985)
Itasca County Board of Commissioners v. Olson
372 N.W.2d 804 (Court of Appeals of Minnesota, 1985)
St. Cloud Newspapers, Inc. v. District 742 Community Schools
332 N.W.2d 1 (Supreme Court of Minnesota, 1983)
Kaiser v. Memorial Blood Center of Minneapolis, Inc.
486 N.W.2d 762 (Supreme Court of Minnesota, 1992)
Wegener v. Commissioner of Revenue
505 N.W.2d 612 (Supreme Court of Minnesota, 1993)
State Ex Rel. Cooper v. French
460 N.W.2d 2 (Supreme Court of Minnesota, 1990)
Fabio v. Bellomo
504 N.W.2d 758 (Supreme Court of Minnesota, 1993)
Winters v. City of Duluth
84 N.W. 788 (Supreme Court of Minnesota, 1901)

Cite This Page — Counsel Stack

Bluebook (online)
563 N.W.2d 761, 1997 Minn. App. LEXIS 597, 1997 WL 274322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-minnesota-municipal-power-agency-v-boyne-minnctapp-1997.