State Ex Rel. Graham v. Klumpp

OPINION

DAVIES, Judge.

County attorney appeals judgment dismissing his action challenging the appointment of the attorney general as special prosecutor. We reverse.

FACTS

After Crow Wing County Attorney John Graham decided not to prosecute two criminal cases, respondent Assistant Attorney General William Klumpp, Jr., was appointed special prosecutor pursuant to Minn.Stat. § 8.01. Relator-appellant Graham filed an action seeking to restrain Klumpp from prosecuting the two cases, arguing that section 8.01 does not allow the appointment of a special prosecutor where an individual has not yet been…