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petition for writ of prohibition, Mann et al vs Showalter, Commissioner of Mn Magm't & Budget 1/10/14 10:30 AM

State of Minnesota Supreme Court

PETITION FOR WRIT OF PROHIBITIONDoug Mann, Linda Mann, David Tilsen Petitioners, Supreme Court Case Number:vs.

Jim Showalter, Commissioner of Minnesota Management and Budget Respondent

CC: Lori Swanson, Attorney General of the State of Minnesota, 445 Minnesota Street, #1100St. Paul, MN 55101

TO: The Supreme Court of the State of Minnesota:

The petitioners, Doug Mann, Linda Mann, and David Tilsen request a writ of prohibition

restraining Jim Showalter, Commissioner of Minnesota Management and Budget from

proceeding with the sale and issuance of appropriation bonds authorized by Session Laws of

2012, chapter 299, Article 2.

Petitioners reside in the City of Minneapolis, Minnesota, and for a cause of action

allege the following:

WHEREAS

1. Session Laws of 2012, chapter 299, (2012 Stadium Act), Article 2, section 1, sub. 2,

authorizes the sales of appropriation bonds by the commissioner of Minnesota Management

and Budget, not to exceed $498,000,000. "Proceeds of the appropriation bonds must be

credited to a special appropriation stadium bond proceeds fund in the state treasury. . . " ;

2. The 2012 Stadium Act, Article 2 section 1, subd. 10 c. states: "The Minnesota Supreme

Court shall have original jurisdiction to determine the validation of appropriation bonds and all

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petition for writ of prohibition, Mann et al vs Showalter, Commissioner of Mn Magm't & Budget 1/10/14 10:30 AM

matters connected therewith;"

3. The 2012 Stadium Act, Article 2, section 1, subs. 10(d) states: "The commissioner may

determine the commissioner's authority to issue appropriation bonds and the legality of all

preceding in connection with issuing bonds. For this purpose, a complaint shall be filed by

the commissioner in the Minnesota Supreme Court against the state and the taxpayer and

citizens;"

4. The 2012 Stadium Act, Article 2, section 1, subd. 10(i) states: "Any taxpayer, citIzen, or

person interested may become a party to the action by moving against or pleading to the

complaint at or before the time set for hearing. The Minnesota Supreme Court shall

determine all questions of law and fact and make orders that will enable it to properly try and

determine the action and render a final judgement within 30 days of the hearing with the least

possible delay;"

5. The commissioner has determined that he has the authority to issue appropriation bonds

without a validation hearing before the Supreme Court as provided by the 2012 Stadium Act,

Article 2, section 1, subs. 10(g);

6. The 2012 Stadium Act, Article 3, section 1, subs. 4. dedicates local sales tax revenues

". . . for state bond debt service support beginning in calendar year 2021, and for each

calendar year thereafter through calendar year 2046, periodic amounts so that not later than

December 31, 2046, an aggregate amount equal to a present value of $150,000,000 has been

deposited in the general fund. . .";

7. The 2012 Stadium Act, Article 2, Section 1, subs. 6. states: "No full faith and credit: state

not required to make appropriations. The appropriation bonds are snot public debt of the

state, and the full faith, credit, and taxing powers of the state are not pledged to the payment

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petition for writ of prohibition, Mann et al vs Showalter, Commissioner of Mn Magm't & Budget 1/10/14 10:30 AM

of the appropriation bonds or to any payment that the state agrees to make under this

section. . . Appropriation bonds shall be canceled and shall no longer be outstanding on the

earlier of (1) the first day of a fiscal year for which the legislature shall not have appropriated

amounts sufficient for debt service, or (2) the date of final payment of the principal of and

interest on the appropriation bonds."

8. The Stadium Act of 2012, Article 1, section 15, subs. 4(b) states: "The state share of

stadium costs shall be limited to $348,000,000 for construction of a new stadium, as

permitted under section 16A.726. The city of Minneapolis share shall be limited to no more

than a $150,000,000 contribution for construction, and the annual operating cost and capital

contribution contained under section 473J.13; and

9. City of Minneapolis sales tax revenues are to be dedicated to the repayment of state

appropriation bonds in violation of Minnesota constitution, Article X, section 1, which

prohibits such an arrangement.

WHEREFORE, the petitioners request an order granting the petition for a writ of prohibition

and the issuance of a writ of prohibition restraining the Commissioner of Management and

Budget from proceeding with the sale and issue of state appropriation bonds to pay for the

construction of the Vikings stadium authorized by Article 2 of Minnesota Session Laws of

2012, Chapter 299.

A memorandum of points of law and authorities in support of the petition are attached to the

petition along with exhibits.

Dated: 10 January 2014 ___________________________ Doug Mann

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petition for writ of prohibition, Mann et al vs Showalter, Commissioner of Mn Magm't & Budget 1/10/14 10:30 AM

Petitioner, pro se 3706 Logan Avenue N. Minneapolis, MN 55412 Phone: (612) 824-8800

_____________________________

Linda Mann Petitioner, pro se 1821 First Avenue South, #303 Minneapolis, MN 55403 Phone: (612) 871-4102

______________________________

David M. Tilsen Petitioner, pro se 3220 10th Ave S. Minneapolis, MN 55407 Phone: (612) 823-8169