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June 16, 2010

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October 15, 2009 Cash For Your
Recent Articles
Settlement
ACORN, Payola and Color of Law The Left's Sexual Terrorism — We Buy Structured
By Mark J. Fitzgibbons Barack Obama, Esq. Settlements — Get Your
Here's one example of how state law Report: Obama said 'I Am a Settlement Cash Today!
enforcement officials have leveraged and Muslim' www.SenecaOneCash.com/Settlements

possibly violated the law to help ACORN in Katrina and BP, Two Sides
of the Same Coin
return for ACORN's political help.
Who Owns the Land,
Anyway?
In December 2004, Minnesota Attorney
The Liberal Takeover of the
General Mike Hatch sued Capital One for
World Cup 2010
failing to state in its advertisements that it Some Advice for the Tea
could increase interest rates on credit cards. Party: Take Your Time and
As part of a 2006 settlement, Capital One paid Learn from Your Mistakes
$749,999, of which $249,999 went to Dodging the Anti-Semitism
ACORN, $250,000 went to the nonprofit Bullet
Legal Aid, and $250,000 to the State of Mr. President, You're Stuck
www.smm.org Ads by Google
Minnesota. on Stupid
The Slave Mentality
ACORN's political action committee had endorsed Mike Hatch for attorney general in 1998
and 2002, and in 2006 for governor. Blog Posts
Larrey Anderson, Dan Riehl
In 2008, Minnesota's Legislative Auditor, James Nobles, conducted a review of the Capital
on Moran's show
One settlement and payment to ACORN. By letter, he asked Hatch's successor, current state The Unbearable Lightness
Attorney General Lori Swanson (who was given a grade of A+ from ACORN in 2008) for of Zero
information about the settlement. Specifically, Nobles asked: Animal-rights activist Internal Whol...
forces pharmacy out of Prudentials Life
Texas shopping mall Brokerage Distribution is
[Minnesota statute 16A-151] says: ‘A state official may not commence, Connect the Dots experiencing contin...
pursue, or settle litigation, or settle a matter that could have resulted in The Baehr Essentials
Plymouth, MN

litigation, in a manner that would result in money being distributed to a Before the Tea Party
person or entity other than the state.' An exception is... if the settlement NYT more clueless and Compressor En...
biased than Al Jazeera Ingersoll Rand is a $13
amount is less than $750,000. It is alleged that the Attorney General's office billion company whose
An execution in Texas stirs
sought a judgment of $749,999 to avoid the prohibition [on diverting people and busin...
debate Minneapolis, MN
settlement money from the state]. Is that true? If not, please explain why the A little sympathy for Rep.
Attorney General's office sought a $749,999 judgment. Etheridge, please
Systems Engineer
These boots are made for Job Opening Ingersoll
talking Rand is a $13 billion
Swanson's response to Nobles in May 2008, rather than conducting any independent inquiry company whose peop...
Minneapolis, MN
herself, consisted of forwarding a May 2008 letter from Mike Hatch, who denied impropriety.
Monthly Archives
Swanson's response to the investigation of whether Minnesota law was violated, in other
words, was that the alleged perpetrator said he's innocent. June 2010 Senior Networ...
May 2010 "DREAM, DESIGN,
DELIVER" POSITION:
Hatch's letter begged more questions than it answered. In response to Nobles' question about April 2010
Senior Network Engineer
March 2010
why Hatch sought and accepted a $749,999 settlement, exactly one dollar below the statutory LOC...
More... Eden Prairie, MN
threshold requiring all of the settlement money to be paid to the state, Hatch replied, "[t]he
answer is because that is what the statute permitted."

That answer, of course, evades Nobles' question. The settlement could have been for any
amount or no amount whatsoever, rather than exactly one dollar below the threshold that
would have required the settlement proceeds be paid to the state. That exactly one-dollar
difference would have barred ACORN from receiving any portion of the settlement proceeds.

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American Thinker: ACORN, Payola and Color of Law http://www.americanthinker.com/2009/10/acorn_payola_and_co...

Hatch admitted that "[i]t was in the State's interest to settle the litigation," and he explained the
retired judge mediator in the case seriously questioned the merits and available remedies for
the case. It is conceivable from Hatch's letter that Capital One should have paid no money. Cash For Your
Settlement
— We Buy Structured
Hatch said Capital One refused to consent to a settlement that could be construed as a civil
Settlements — Get
penalty payment to the state. State civil penalties, however, may be less than $750,000. The Your Settlement Cash
$749,999 threshold was irrelevant to Capital One's concern, and irrelevant to why Hatch would Today!
accept a settlement paying ACORN $249,999, especially since the settlement included www.SenecaOneCash.com/Settlements
$250,000 to the state. Local Injury
Attorney
Hatch's letter gets even more squirrelly. He claimed Capital One agreed that $250,000 would Minnesota Personal
be used to reimburse Minnesota for its investigation costs, and $250,000 would go to Legal Injury Attorney Over
Aid at Hatch's suggestion. Hatch, however, claimed it was a Capital One executive who 30 Years Experience
www.reitanlawoffice.com
suggested that the remaining $249,999 be paid to ACORN "for purposes of supporting
financial advocacy, education and assistance in Minnesota." The question remains, who The 9mm Won't
influenced Capital One to suggest payment to ACORN as part of a settlement? Save You
Discover What Self
Defense Masters &
In explaining why the payment to ACORN should not be construed as quid pro quo for
The Army Don't Want
ACORN PAC's several political endorsements of Hatch (who narrowly lost his 2006
You To Know
gubernatorial bid to Tim Pawlenty), Hatch said the Capital One settlement payment was to www.CloseCombatTraining.com
ACORN, which is a separate entity from ACORN PAC. He assured Noble that by law the Non Hodgkins
entities could not commingle their activities. He said he was never endorsed by ACORN. His Lymphoma
successor Lori Swanson, however, received a grade of A+ from ACORN, not ACORN PAC. What Caused It? Are
You Entitled To
Compensation? We
Hatch also said he "had worked with ACORN on several credit-related cases . . . and found
Can Help!
[ACORN] very credible." He went on to praise ACORN's financial counseling services as www.NonHodgkinsLymphomaLawsuit.com
"very credible," and noted "ACORN also provides free tax preparation services for low and Life Settlement
moderate income families in partnership with the IRS." Quote
FREE Estimate of Your
Hannah Giles and James O'Keefe should have gone to St. Paul, I guess. Life Policy's Value.
Easy Process. No
The Legislative Audit Commission conducted a meeting on June 30, 2008, where Noble Obligation.
www.MyPolicyOptions.com
presented his findings. MinnPost.com reported that Lori Swanson declined an invitation to
appear at the hearing. Hatch didn't show, either, and told the reporter he's "not talking to [the
reporter]."

That hearing addressed other issues, such as a Medicare fraud investigation. MinnPost.com
reported, "that some attorneys in the Attorney General's Office felt pressured to

Sign and issue a civil investigative demand without sufficient merit;

Insert unsubstantiated information in an affidavit;

Give advice that was not in the best interest of the client;

Find defendants to help the Attorney General's Office bring certain types of
lawsuits; and

Post comments favorable to the office and Attorney General Swanson on an

internet blog and record the time used for blogging as annual leave even
though state time was used."

Such problems, if true, would be serious trouble for a country lawyer, never mind the chief law
enforcement official of a state.

What Legislative Auditor Nobles did not address was another part of the statute requiring
settlement money to go to the persons injured by the alleged misconduct of the target of the
AG's lawsuit, and if such persons can't be located, then to the state. The law is designed to use
settlement money to compensate the injured. Mr. Hatch seems to have used it as a political
slush fund.

ACORN says it helped Lori Swanson in many ways, including writing legislation with her.
She looked the other way when the law may have been violated by her predecessor to help
ACORN, which helped Swanson.

Lori Swanson and Mike Hatch need to be questioned in detail and under oath about whether

2 of 3 6/16/10 7:05 AM
American Thinker: ACORN, Payola and Color of Law http://www.americanthinker.com/2009/10/acorn_payola_and_co...

they violated the law and acted to conceal such violations.

17 Comments on "ACORN, Payola and Color of Law"

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Judge Profile Page 1 of 2

Aitkin

Home > Directory Lookup > Judicial Directory >

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Judge David C. Higgs
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Ramsey County

Ramsey County Courthouse

Phone: (651) 266-8266

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Publications and Reports Appointed/Elected:
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Appointed District Court Judge, Second Judicial District by Governor Jesse Ventura
For Justice Agencies
Sworn into office, June 17, 2002. Elected in 2004. His current term expires in January 2011.

Contact Us
Bar Admission:

http://www.mncourts.gov/?page=JudgeBio_v2&ID=30300 10/7/2010
Judge Profile Page 2 of 2

Admitted to Minnesota State Bar, 1981; United States District Court, 1982

Education:
University of Minnesota Law School
Juris Doctor, 1981

University of Minnesota
Bachelor of Arts, 1978

Professional Experience:
McCollum, Crowley, Vehanen, Moschet & Miller, Ltd.; American Family Insurance
& Warner; Engebretson & Associates

Professional Activities:
Co-Chair, Ramsey County District Court ProBono Committee.

Volunteer Mentor, University of St. Thomas Law School Mentor Program, 2003-2004.

Member of the Multistate Performance Test Policy Committee of the National Conference of B
2002-present.

Member of the Minnesota State Board of Law Examiners, 1992-2002.

Member of the Multistate Professional Responsibility Exam Policy Committee of the National C
Bar Examiners, 1996-2002.

Board of Directors, Southern Minnesota Regional Legal Services, 1993-2002.

Author “Reservations of Rights and Denials of Coverage”, Minnesota Insurance Law Deskbook

Minnesota Supreme Court Racial Bias Task Force, 1991-1993.

Professional Memberships:
Minnesota State Bar Association; Ramsey County Bar Association; Minnesota Association of B
Douglas K. Amdahl American Inn of Court

http://www.mncourts.gov/?page=JudgeBio_v2&ID=30300 10/7/2010
Attorney General Opinions By Date Page 1 of 7

Attorney General Opinions By Date

From 1993 to date, Reverse Chronological Order

Op. Atty. Gen 185b (Cr. Ref. 159-a-3) (June 15, 2007)
SCHOOL ELECTIONS: PETITIONS: Petition Rules promulgated by the Secretary of State
generally apply to petition for school district referendum. School district clerks should perform the
functions of “filing officer under those rules.:” Minn Stat. §§ 204B.071, 205A.05, subd. 1, 205A.13
(2006); Minn. R. ch. 8205
Independent School District No. 15 (St. Francis)

Op. Atty. Gen 852 (Cr. Ref. 64, 184-a) (October 6, 2006)
GOVERNMENT DATA: CANDIDATES FOR PUBLIC OFFICE: Criminal history data collected by
city on council candidates is not private “applicant” data under Minn. Stat. § 13.43 (2004).
Authority of city to collect such data questioned, Minn. Stat. §§ 13.03, 13.43, 13.601.
City of Red Wing

Op. Atty. Gen 852 (July 14, 2006)

GOVERNMENT DATA: Where members of governing body are considered employees of
governmental unit, personal information submitted by applicants for appointment to fill vacancies
on the body is private personnel data except for items designated as public by Minn. Stat. § 13.43,
subd. 3 and 13.601, subd. 3.
City of Rochester

Op. Atty. Gen. 852 (Cr. Ref. 817, 851) (April 13, 2004)
GOVERNMENT DATA: PROPERTY APPRAISALS: Data Practices classification of property
appraisals done for purposes of acquisition discussed. Minn. Stat. §§ 13.44, 117.036 (Supp.
2003).
Department of Transportation

Op. Atty. Gen. 125a-66 (August 12, 2003)

COUNTIES: PLANNING AND ZONING: SUBDIVISION REGULATIONS: FEES: County may not
prevent recording of all land conveyance documents that do not comply with county land use
controls and fee requirements. Minn. Stat. §§ 272.12, 272.121, 394.37.
Cass County

Op. Atty. Gen. 63-b-14 (Cr. Ref. 61-c) (May 13, 2002)
CITIES: COUNCIL: ORDINANCES: Computation of two-thirds majority when mayor may only
vote in case of a tie. Minn. Stat. §§ 462.355, subd. 3 (2000), 462.357, subd. 2 (2001 Supp.)
City of Minnetonka Beach

Op. Atty. Gen. 1001K (May 8, 2002)

HOSPITAL DISTRICTS: CONTRACTS: Hospital Districts created under Minn. Stat. §§ 447.31, et.
seq., are subject to the bidding requirements of Minn. Stat. § 471.345 (2000). Op. Atty. Gen.
1001K, April 18, 1962 superceded.
Paynesville Area Hospital District

Op. Atty. Gen. 174 (Cr. Ref. 159-b-12, 161-b-14) (March 29, 2002)
TEACHERS: COMPENSATION: SCHOOL: Districts not authorized to pay for teachers’ insurance
and retirement contribution while on extended leave. Minn. Stat. §§ 122A.46, 354.094 (2000).
Independent School Dist. No. 279 (Osseo)

Op. Atty. Gen. 59a-32 (Cr. Ref. 441h; 477b-34) (January 25, 2002)
MUNICIPALITIES: ZONING: AMENDMENT: With certain exceptions, municipal zoning
ordinances may be adopted or amended by majority vote of governing body notwithstanding
charter provision, or ordinance requiring greater majority. Minn. Stat. §§ 462.351, 462.357.
City of Moorhead

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Op. Atty. Gen. 125a (Cr. Ref. 59a-9) (October 18, 2001)
COUNTY: BUILDING CODE: ADOPTION: County may adopt and enforce State Building Code by
ordinance notwithstanding previous referendum. Op. Atty. Gen. 125a. April 20, 1994, superceded.
Minn. Stat. § 16B.72 (2000).
Blue Earth County

Op. Atty. Gen. 125a-28 (Cr. Ref. 59a-25; 161b-7) (April 30, 2001)
COUNTIES: INSURANCE: RETIRED EMPLOYEES: Health insurance coverage for retired
employees may be modified in connection with a new collective bargaining agreement. Minn. Stat.
§§ 179A.03 subd. 19, 179A.20, 471.61, 471.6161.
Itasca County

Op. Atty. Gen. 484e-1 (Cr. Ref. 185b-2) (October 5, 2000)

CITIES: CONSOLIDATION: ELECTIONS: Voter approval of consolidation requires affirmative
vote of majority of persons voting on the question. Minn. Stat. § 414.01, subd. 6 (1998).
City of St. Bonifacius / City of Minnetrista

Op. Atty. Gen. 852 (Cr. Ref. 523a-17, 523a-27) (August 4, 2000)
DATA PRACTICES ACT: LABOR AND INDUSTRY: ORDERS: Orders of Commissioner of Labor
and Industry and objections thereto are public data. Minn. Stat. §§ 13.39, 176.181.
Department of Labor and Industry

Op. Atty. Gen. 229A (Cr. Ref. 1005, 1007, 1016) (June 30, 2000)
DEPARTMENT OF TRANSPORTATION: RESPONSIBILITIES: CONSTRUCTION: Responsibilities
of Commissioner of Transportation and Metropolitan Council in connection with construction of light
rail transit project discussed: Minn. Stat. §§ 471.59, 473.399 -473.3997.
Minnesota House of Representatives Governmental Operations and Veterans Affairs Policy
Committee

Op. Atty. Gen. 62b (Cr. Ref. 477b) (May 4, 2000)

CITIES: ORDINANCES: PREEMPTION: A city may completely prohibit smoking in restaurants
under its general police powers. The Minnesota Clean Indoor Air Act expressly preserves the
authority of cities to ban smoking where the Act, and Health Department rules promulgated
thereunder, would otherwise allow designation of smoking areas by the proprietor.
City of Little Falls

Op. Atty. Gen. 471-m (November 23, 1999)

STATUTORY CITY COUNCIL: VACANCY IN OFFICE: Person elected to fill remainder of
unexpired mayoral term may assume office upon receipt of certificate of election. Minn. Stat.
§ 412.02, subd. 2, 2a.
City of Maplewood

Op. Atty. Gen. 1035 (Cr. Ref. 170c) August 23, 1999
MINNESOTA STATE HIGH SCHOOL LEAGUE: Questions concerning the nature, governance and
powers of the League discussed. Minn. Stat. §§ 10A.071, 15.0575, 118A.04, 118A.05, 128C.01,
128C.10, 128C.15, 128C.22, 471.345, 471.705, 471.895 (1998).
State Auditor

Op. Atty. Gen. 624a-3 (June 28, 1999)

PUBLIC UTILITIES COMMISSION: HOME RULE CHARTER CITIES: City public utilities
commission is authorized to set reasonable rates, including rates in excess of the precise amounts
required to operate utilities, and the City Council may transfer moneys from the public utilities fund
to the city general fund for public purpose expenditures, subject to applicable charter provisions.
City of Breckenridge

Op. Atty. Gen. 390a-14 (June 9, 1999)

SHERIFFS: MOTOR VEHICLES: County Board has authority to specify color of Sheriff’s squad

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Attorney General Opinions By Date Page 3 of 7

cars. Minn. Stat. §§ 169.98 subd. 1 (a); 375.18 subd. 2; 387.29 subd. 2.
Blue Earth County

Op. Atty. Gen. 59a-32 (Cr. Ref. 125a-66, 477b-34, 484a-1, 484e-1) (May 11, 1999)
CITIES: ZONING: City ordinance zoning newly annexed land in Mississippi headwaters area is not
subject to requirement for formal review and certification by Mississippi Headwaters Board, but
must, nonetheless comply with the Boards’ comprehensive land use plan. Minn. Stat. § 103f.371 -
103f.375 (1998).
Mississippi Headwaters Board

Op. Atty. Gen. 161b-7 (Cr. Ref. 59a-25, 125a-28, 469a-7) (December 15, 1998)
SCHOOL DISTRICTS: INSURANCE: RETIRED EMPLOYEES: School district is not required to
make available same level of insurance coverage to retired employees 65 years of age and older as
that provided to active employees. Minn. Stat. § 471.61, subd. 2b.
Independent School District No. 622 (North St. Paul-Maplewood)

Op. Atty. Gen. 379c-8(c) (November 5, 1998)

ROADS: TOWN LINE: MAINTENANCE: County boards may determine division of maintenance
responsibility for town line road established prior to enactment of authorizing statute. Op. Atty.
Gen. 379C-8(c), September 18, 1951 superseded. Minn. Stat. § 164.12 (1996).
Otter Tail County

Op. Atty. Gen. 624a-3 (November 2, 1998)

PUBLIC UTILITIES: COMMISSION STATUTORY CITIES: City council is not authorized to
delegate operation and management of telephone and cable television services to utility
commission. Op. Atty. Gen. 624a-3 , May 7, 1968, superseded. Minn. Stat. § 412.351.
City of Crosslake

Op. Atty. Gen. 159-a-3 (March 11, 1998)

EDUCATION: INDEPENDENT SCHOOL DISTRICT: BOND ELECTION: REVIEW AND
COMMENT: School board which receives petition by voters to hold special election to authorize
issuance of bonds for school facility must submit project for review and comment. A community
recreational facility as described by school district is subject to review and comment procedures.
Unless the review and comment is negative, school board must call the special election petitioned
by voters. Minn. Stat. §§ 121.148 (1996), 121.15 (Supp. 1997), 205A.05 (Supp. 1997).
Affirmative vote in bond election does not compel board to issue bonds. Op. Atty. Gen. 159-a-3,
May 25, 1970.
Independent School District No. 197 (West St. Paul-Mendota Heights-Eagan)

Op. Atty. Gen. 107b-19 (December 18, 1997)

COUNTY FUNDS: USES: TAX FORFEITED LAND SALE: County may purchase motor vehicles
with tax forfeited land sales funds. Vehicles must be used exclusively for maintenance and
improvement of tax forfeited lands.
Becker County

Op. Atty. Gen. 2681 (October 14, 1997)

JUVENILES, CRIMES, PHOTOS: Minn. Stat § 260.161, subd. 3(a) only prohibits peace officers
from taking photos of children in custody and does not prohibit news media.
SHERIFFS, POLICE, JURISDICTION: County sheriffs have jurisdiction to investigate crimes
anywhere in their county, even in cities with established police forces.
Clay County

Op. Atty. Gen. 82t (August 27, 1997)

FAIR CAMPAIGN PRACTICES ACT: DISCLAIMER: VIOLATIONS: The prohibition against
anonymous campaign material in Minn. Stat. §§ 211B.04(a) and (b) (1996) is clearly
unconstitutional under controlling U.S. Supreme Court precedent.
Le Sueur County

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Attorney General Opinions By Date Page 4 of 7

Op. Atty. Gen. 90e (August 25, 1997)

CONTRACTS: OFFICERS INTEREST: CITY: Officer and employee of nonprofit corporation that
provides public access cable television services in connection with city franchise and contract is not
disqualified from serving as mayor or council member, but must abstain from participating in city
actions involving franchise. Op. Atty. Gen. 90a-1, July 12, 1973 superceded. Minn. Stat. §§ 238.15
and 471.87 (1996).
City of Northfield

Op. Atty. Gen. 161b-12 (August 4, 1997)

SCHOOL BOARD POWERS: SUPERINDENT: SALARY AND BENEFITS: School district powers
regarding salary and benefits for superintendent discussed. Authority of Commissioner of Children,
Families and Learning discussed. Minn. Stat. §§ 43A.17, 123.33-123.35, 356.24, 356.25, 471.38,
471.665.
Department of Children, Families and Learning

Op. Atty. Gen. 358e-3 (July 29, 1997)

INCOMPATIBLE OFFICE: CITY ATTORNEY: Office of Assistant County Attorney is not
incompatible per se with office of city attorney. Minn. Stat. § 481.17 (1996)
City of Plainview

Op. Atty. Gen. 602-J (July 10, 1997)

DRAINAGE: REPAIRS: LIMITATION UPON COST: The limitation contained in Minn. Stat. §
103E.715, subd. 4(a) (1996) on cost of repairs made pursuant to a repair petition does not apply
to routine maintenance and repairs made by a drainage authority pursuant to Minn. Stat. §
103E.705 (1996).
Wild Rice Watershed District

Op. Atty. Gen. 390a-21 (November 5, 1996)

SHERIFFS: SERVICE OF PROCESS: Sheriff is not authorized to serve documents pertaining to
proceedings in purported "courts" not established by law. Minn. Const. art. VI § 387.03 (1994).
Todd County

Op. Atty. Gen. 63a-5 (August 28, 1996)

OPEN MEETING LAW: CITY COUNCIL: COMMITTEES: Mere attendance by additional council
member(s) at meeting of a council committee, held in compliance with Open Meeting Law, would
not constitute special council meeting requiring separate notice, but such member(s) should not
participate in committee discussions or deliberations, absent separate notice.
City Council of Ely

Op. Atty. Gen. 442a-1 (July 25, 1996)

TOWN FUNDS: OFFICERS: Town is not required or authorized to reimburse officer for costs of
criminal defense. Minn. Stat. §§ 465.76, 466.07, 471.44 (1994).
New Scandia Township

Op. Atty. Gen. 59a-30 (July 24, 1996)

CITY OFFICERS: REMOVAL: City charter may not provide for removal of council member by
council. Grounds for removal of elected local official must amount to malfeasance or nonfeasance in
office. Minn. Const. art. VIII, § 5; art. XII, §§ 3, 4. Minn. Stat. §§ 351.02, 351.14, 410.07, 410.20.
City of Richfield

Op. Atty. Gen. 238i (February 23, 1996)

MANUFACTURED HOME PARKS: FIRE CODE: Fire code road width requirements may be applied
to existing park where hazard to life or property exists.
City of Moorhead

Op. Atty. Gen. 852 (December 4, 1995)

DATA PRACTICES: COPYRIGHT: STATE AGENCY DATA: State agency data constituting original

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Attorney General Opinions By Date Page 5 of 7

works of authorship are protected by federal copyright law. Certain restrictions may be placed upon
use of public data. Tit. 17 U.S.C. Minn. Stat. §§ 13.03, 13.37, 15.95, 16B.483, 16B.5l, 16B.53
Department of Natural Resources

Op. Atty. Gen. 64f (Cr. Ref.63b-5) (October 27, 1995)

ELECTIONS: CITIES: Uniform election day statute applies to charter cities transitional provisions
discussed. Minn. Stat. §§ 205.02, 205.07, 410.015, 410.21
City of Crystal

Op. Atty. Gen. 59a-32 (Cr. Ref. 59a-9, 125a-66) (August 18, 1995)
CITIES: ZONING: City may extend subdivision regulations and building code enforcement but not
zoning controls, two miles beyond city limits where county zoning regulations are in effect. Minn.
Stat. §§ 16B.62, 16B.72, 462.357, 462.358 (1994).
Mille Lacs County, City of Milaca

Op. Atty. Gen. 106-e (April 10, 1995)

COUNTY SEAT: REMOVAL: Petition not invalid due to claims that signatures not personally
observed by affiants: Effect of conditional offer of site and funds for construction.
Roseau County

Op. Atty. Gen. 106-e (January 24, 1995)

COUNTY SEAT: REMOVAL: Otherwise qualified voters need not have actually voted at previous
election or be registered to sign petition for changing county seat. Minn. Stat. §§ 372.01, 372.03
(1994).
Roseau County

Op. Atty. Gen. 104a-9 (December 28, 1994)

COUNTIES: OFFICERS: COMPENSATION: County may not provide car allowance subsidizing
personal use of automobile in addition to maximum authorized salary; authorized vacation leave is
not considered severance pay. Minn. Stat. §§ 43A.17, subd. 9, 465.722; 471.665.
Hennepin County

Op. Atty. Gen. 390a-6 (October 31, 1994)

SHERIFF: COMPENSATION: FEES: County sheriff may not perform privately contracted policing
services within the county for personal compensation. Sheriff's family members may be involved in
private service of process business. Minn. Stat. §§ 387.03, 387.20, 436.05.
Pope County

Op. Atty. Gen. 632e-1 (August 18, 1994)

MOTOR VEHICLE: TAX: BASIS FOR COMPUTING: Motor Vehicle registration tax must be based
upon base price as listed on window sticker. Minn. Stat. § 168.013.
Department of Public Safety

Op. Atty. Gen. 627e (August 1, 1994)

ELECTIONS: CAMPAIGN CONTRIBUTIONS: Candidates for local office are not precluded by
Minn. Stat. § 211A.13 (Supp. 1993) from transferring funds to other candidates for local office.
Hennepin County

Op. Atty. Gen. 90 (June 9, 1994)

CONTRACTS: OFFICERS' INTEREST IN: HOUSING AND REDEVELOPMENT AUTHORITIES:
Housing and Redevelopment Authority Commissioner is not prohibited from performing work on
projects approved by authority if notice and nonparticipation requirements of Minn. Stat. § 469.009
(1992) are met. Minn. Stat. §§ 469.009, 471.87 (1992)
City of Farmington

Op. Atty. Gen. 124a (April 28, 1994)

COUNTY COMMISSIONERS: COMPENSATION PER DIEM ALLOWANCE: Authority to provide
per diem allowance does not permit a per meeting payment. Per diem payment permitted for

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Attorney General Opinions By Date Page 6 of 7

meetings of county board. Members may not be paid multiple per diem for meetings held on the
same day, absent independent statutory authority Minn. Stat. §§ 375.055, 375.065.
State Auditor

Op. Atty. Gen. 125a (April 20, 1994)

COUNTY: BUILDING CODE: ADOPTION: County, wherein building code was rejected by
referendum, may not adopt code by ordinance. Matter of code application may be resubmitted to
referendum. Minn. Stat. § 16B.72 (1992).
Douglas County

Op. Atty. Gen. 1007 (March 11, 1994)

JOINT POWERS ACT: CHARTER SCHOOLS: Charter schools formed as contemplated by Minn.
Stat. § 120.064 (1992 and Supp. 1993) are not "governmental units" as the term is defined in the
Joint Powers Act, Minn. Stat. § 471.59, subd. 1 (1992); consequently, such charter schools may
not be a party to a joint powers agreement.
Independent School District No. 834 (Stillwater)

Op. Atty. Gen. 213-C (March 9, 1994)

GOVERNOR: LEGISLATION: CONSTITUTIONAL AMENDMENTS: Amendments proposed by
legislative action are not subject to gubernatorial approval or veto. Minn. Const. art. IV, §§ 23, 24;
art. IX, §1.
Governor

Op. Atty. Gen. 469b (September 14, 1993)

CITIES: OFFICERS: SALARIES: Compensation of employee for unused vacation upon termination
is not considered salary for purposes of Minn. Stat. § 43A.17.
City of Plymouth

Op. Atty. Gen. 707a (July 27, 1993)

MUNICIPAL CONTRACTS: ADVERTISING FOR CONSTRUCTION BIDS: City may include
project labor agreement specifications if motivated by economic reasons as purchaser, and not in
regulatory capacity.
City of International Falls

Op. Atty. Gen. 414A-5 (May 4, 1993)

TAXATION: INDIAN LANDS: The exemption from ad valorem taxation for Indian lands in Minn.
Stat. § 272.01, subd. 1 applies only to lands held in trust by the United States for the benefit of an
Indian Tribe, its members, or an individual Indian, and lands owned by an Indian Tribe or an
individual Indian subject to federal statutory restraints on alienation. The exemption does not apply
to lands owned in fee simple title by Indian Tribes or individual Indians.
Mahnomen County

Op. Atty. Gen. 494a-1 (April 15, 1993)

CRIMINAL LAW: UNIFORM TRAFFIC TICKET: Issuance for violation not committed or
attempted in presence of officer. Superceding Op. Atty. Gen. 494a-1, March 14, 1967. Minn. Stat.
§§ 169.91, 169.92, 169.99, 629.34.
City of Minnetonka

Op. Atty. Gen. 387-B-10 (March 8, 1993)

STORM SEWERS: CHARGES: City may impose reasonable charges for storm sewer services based
upon classification of premises 'in reference to storm water produced. Minn. Stat. § 444.075
(1992).
City of Delano

Op. Atty. Gen. 484a-1 (March 1, 1993)

CITIES: ANNEXATION: Time conditions in orderly annexation agreements do not bind
determinations of Municipal Board or preclude annexation by ordinance pursuant to Minn. Stat. §
414.033, subd. 2a (1992). Minn. Stat. §§ 414.0325, 414.033.

http://www.ag.state.mn.us/resources/opinions/DATE.HTM 10/7/2010
Attorney General Opinions By Date Page 7 of 7

Minnesota Municipal Board

Op. Atty. Gen. 330-c-3 (January 4, 1993)

BOARDS: HENNEPIN COUNTY: TERMS OF MEMBERS: Terms of members appointed by county
board expire on January. They may continue in de facto capacity until successors are selected.
Minn. Stat. §§ 383B.68, 383B.69 (1990).
Suburban Hennepin Regional Park District

Minnesota Attorney General

Opinions Home Page
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to: 445 Minnesota St., Suite 1050
St. Paul, MN 55101-2109
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1-800-657-3787
TTY: (651) 297-7206
TTY: 1-800-366-4812
Last update: June 21, 2007

http://www.ag.state.mn.us/resources/opinions/DATE.HTM 10/7/2010
 Page 1 of 2

Subj: Re: Peterson Family Tree_AG Candidate Barden MoraMN Interview

Date: 10/7/2010 9:45:40 A.M. Central Daylight Time
From: rcbarden@mac.com
To: Sharon4Anderson@aol.com

Greetings Sharon. Thank you for posting my Mora interview!

Here is a copy of the Capitol One settlement that included $249,999 to ACORN (look who signed it) and
a story about it.

Thank you Sharon and best wishes to you. Chris B.

On Oct 7, 2010, at 8:18 AM, Sharon4Anderson@aol.com wrote:

Click here: Peterson Family Tree

Thurs 7Oct10
www.petersonfamilytree.blogspot.com Special Note to Chris Barden

Thanks for going to Sharon's Birthplace_Peterson Heritage Mora

MN
re: Kanabec Times. Interview exposing major violations of the Public
Trust_Fidicuary Breech_ potential AntiTrust_RICO violations by DFL Attorney
General Lori Swanson.

Preview e

Chris Barden for Attorney General Video from Mora, MN where

I discussed my top priorities of protecting Minnesota and
implementing Photo ID: h t t p :/ / w w w . m or a m i n n . c o m / d e t ai l / 6 3 29 7

http://www.moraminn.com/

Chris Barden, Republican candidate for Minnesota Attorney General, made a

Thursday morning stop in Mora to discuss his race.

THEREFORE: will you put the Acorn Doc on your website in pdf
format and or send to the above for preview.

Sharon transposed to www.petersonfamilytree.blogspot.com on

the Graves of her Parents Bill and Bernice A. Peterson Tenants in Common of
Sharon's Homestead at 1058 Summit Ave. St.Paul,MN.
A. Illegally "taken" by Lesbian Judge Kathleen Gearin 1988
File No.495722 (1988) without Quiet Title Prohibited Purchaser Attorney General
James Donnelly who died shortly thereafter, Donnelly also was a Pharmist at Bober
Drug Store along with Ron Johnson . on the Anderson's Disabilitys and the Issue the
Property Taxes were paid.
at www.sharonswater.blogspot.com
Appeal C6-88-859 Doris Huspeni who's clerk was Chris Coleman now
St.Paul Mayor heavy DFL Coverup in Realestate Titles.......For over 20 or 30 years.

Thursday, October 07, 2010 AOL: Sharon4Anderson

 Page 2 of 2

LEGAL NOTICE: /s/Sharon4Anderson@aol.com ECF_P165913Pacersa1299 telfx: 651-776-5835:

Attorney ProSe_InFact,Private Attorney General QuiTam Whistleblower, Candidate AG2010
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such material available in our efforts to advance understanding of whistleblower protection issues, MY FindLaw
SharonsWritProA06_1150_30Jun06_26
The CAN-SPAM Act: Requirements for Commercial Emailers
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3Apr0http://www.givemeliberty.org/RTPlawsuit/courtfilings/Docket.htm Sharon4Council: DLJ Managment v. City St. Paul
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STEWARD MACH. CO. v. DAVIS, 301 U.S. 548, 581-582(1937) g andFCC Complaints - http://sharons-copywrite.blogspot.com

Thursday, October 07, 2010 AOL: Sharon4Anderson