Legal Opinion
BHGDN, LLC v. Minnesota
District Court, D. Minnesota
Decided February 24, 2009No. Civil 08-4474(DSD/FLN)PublishedCited by 2 opinions
1Opinion of the Court
ORDER
DAVID S. DOTY, District Judge.
This matter is before the court on defendants’ motion to dismiss. Based upon a review of the file, record and proceedings herein, and for the following reasons, the court grants defendants’ motion.
BACKGROUND
This action challenges the constitutionality of a 2008 amendment to Minnesota Statutes § 41A.09. The Minnesota legislature enacted § 41A.09 in 1986 to establish the Ethanol Development Fund (“Fund”), which gave eligible ethanol producers a fifteen-cent-per-gallon subsidy. The Fund was later reclassified as an appropriation and the Minnesota Commissioner…
2Cases cited36 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Pearson v. CallahanSupreme Court of the United States · 2009
- Anderson v. CreightonSupreme Court of the United States · 1987
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Ex Parte YoungSupreme Court of the United States · 1908
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3Cited by2 opinions
- Brown v. Fox Broadcasting Co. (In Re Cox)United States Bankruptcy Court, N.D. Georgia · 2010
- Javinsky-Wenzek v. City of St. Louis ParkDistrict Court, D. Minnesota · 2011