Mr. Dobson:
I dont know that you need any law to read the statute. I think the plain
language of "is subject to" speaks for itself and if the Legislature had wanted
to require a referendum they could have easily written the statute to flat-out
require one.
You're right though, I want a stadium, I wanted one ten years ago. That does
not, however, mean that my statutory interpretation is any less biased or
stretched than than yours.
You dont say WHY my interpretation is incorrect save for:
1)I didnt go to law school
This is incorrect, because I have. Have you? It doesnt matter because lawyers
and non-lawyers can interpret any number of things differently. This may just
be one of them.
2)I am for a stadium
So? you're against one. Are we both equally biased in our interpretation?
3)I have no "law"
But I can read. And while I certainly can be wrong, usually when something is
mandatory the language is far more clear. The Legislature could have written
that a "local government shall obtain public approval before the imposition of
a sales tax" and then it would be required.
Kind regards,
Anthony Thompson
Standish
-----Original Message-----
From: Dann Dobson <[EMAIL PROTECTED]>
To: [EMAIL PROTECTED]; [email protected]
Cc: [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]
Sent: Mon, 9 May 2005 21:26:49 -0700 (PDT)
Subject: Re: [Mpls] Jim, Lori Strudevant, the Strib Editorial Board and the
Hennepin Co Board want to ignore MSA 297A.99
Mr. Thompson obviously has not been to Law School or
he would not come up with such a stretched
interpretation.
I think his logic is an unfortunate example of how
stadium proponents will try and get around the law.
Mr. Standish do you have any law for your proposition
that "subject to approval" is not mandatory langauge?
Dann Dobson
Saint Paul
[EMAIL PROTECTED]
--- [EMAIL PROTECTED] wrote:
> Minn. Stat. 297A.99 has been cited for the
> proposition that a referendum is required by law
> before imposition of a local sales tax.
>
> The language is as follows:
>
> "is subject to approval by
> voters of the political subdivision at a general
> election."
> ------------
>
> "Is subject to" does not necessarily mean "requires"
> a referendum.
>
> It means that the Legislature may require Hennepin
> County to have a referendum before imposing the
> sales tax, but 297A.99 does not put an absolute
> requirement of having one.
>
> I dont believe it is a case of the State Legislature
> granting an exception to an obvious rule as much as
> it is an interpretation of the actual statute.
>
> Anthony Thompson
> Standish
>
>
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