On July 18, 2018, the Minnesota Supreme Court ruled in Anthony Ostlund Clients’ favor after extended Open Meeting Law litigation.
The Minnesota Supreme Court affirmed that elected public officials may not be removed from office for violations of the Open Meeting Law unless there have been prior adjudications against the public official resulting in a determination of Open Meeting Law violations. The effect of the ruling is that Anthony Ostlund’s clients, two of whom are still serving on the Victoria City Council, may remain in office. The Minnesota Supreme Court’s decision sends an implied message, as intended by the Minnesota Legislature, that the law should not be used by a small group of private citizens to change the election process without notice and an opportunity by the elected officials to correct their actions. Anthony Ostlund attorney Janel Dressen was retained to represent the City Council members through the appeal process before the Court of Appeals and the Minnesota Supreme Court.
Anthony Ostlund was not involved in the underlying trial of this matter before the district court.
Minnesota Lawyer article “Minnesota Supreme Court says Victoria council members can stay despite many Open Meeting Law violations.”
Minneapolis Star Tribune article “Supreme Court rejects tossing officials out for closed meetings.”