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Gearin dismisses unallotment suit over political contribution refunds

by Steve Perry
Published: January 12,2010
Time posted: 12:22 pm
Tags: Kathleen Gearin, Robert Carney, Tim Pawlenty, Unallotment litigation, Unallotments

Ramsey County Judge Kathleen Gearin

The crowd at this morning’s legislative preview breakfast–co-sponsored by PIM and Fredrikson Byron; more details here later today–was abuzz about the breaking news of Ramsey County Judge Kathleen Gearin’s dismissal of a second lawsuit over Gov. Tim Pawlenty’s unilateral budget cuts last summer. The suit, filed by 2009 Minneapolis mayoral candidate turned 2010 gubernatorial candidate Robert Carney Jr., alleged that Pawlenty unlawfully cut the refund program.

Why the difference between this ruling and the temporary restraining order that Gearin issued on December 30 in the Brayton suit over a nutrition program? Gearin’s ruling suggests that her decision was a matter of the grounds on which Carney’s case was made: The second action did not mount a constitutional argument against Pawlenty’s action.

Gearin wrote in her opinion:

“While some sweeping constitutional arguments were made in the Plaintiff’s responsive memorandum to the State’s motion to dismiss, the Complaint did not contain a constitutional challenge to the way the Governor unallotted. Specifically, the issue of whether the way the Governor unallotted the PCR program violated the separation of powers doctrine was not pled. The Court agrees with the arguments made by the Attorney General’s Office on behalf of the Governor that it would not be fair to deny a motion to dismiss based on claims that were not asserted in the Complaint and not argued in the initial Plaintiff’s memorandum.”

Here’s the Gearin ruling (PDF).