Legal Opinion · Dissent

Lilly v. City of Minneapolis

Court of Appeals of Minnesota

Decided January 31, 1995No. C6-94-1583, CX-94-1585Published

1DissentSchumacher, Judge

The majority’s decision erodes the constitutionally recognized principle of home rule: local governance of areas of local concern. Minn. Const, art. XII, § 4 provides that a local government unit may adopt a home rule charter when authorized by law. A home rule charter

may provide for the establishment and administration of all departments of a city government, and for the regulation of all local municipal functions, as fully as the legislature might have done before home rule charters for cities were authorized.

Minn.Stat. § 410.07 (1992).

The supreme court has recognized that Minnesota’s…

2Cases cited15 opinions

  1. Mangold Midwest Co. v. Village of RichfieldSupreme Court of Minnesota · 1966
  2. Christensen v. Minneapolis Municipal Employees Retirement BoardSupreme Court of Minnesota · 1983
  3. City of Duluth v. CervenySupreme Court of Minnesota · 1944
  4. Power v. NordstromSupreme Court of Minnesota · 1921
  5. Borgelt v. City of MinneapolisSupreme Court of Minnesota · 1965

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