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File #: 23-0224    Version: 1
Type: Resolution Status: Approved
File created: 5/9/2023 In control: Board of Hennepin County Commissioners
On agenda: 6/6/2023 Final action: 6/6/2023
Title: Request to Association of Minnesota Counties
Attachments: 1. RESOLUTION

Item Description:

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Request to Association of Minnesota Counties

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Resolution:

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BE IT RESOLVED, that the Hennepin County Board of Commissioners requests the Association of Minnesota Counties file an amicus curiae brief in support of Hennepin County in the Alliance Housing Incorporated, et al v. Hennepin County, No. A23-0737, pending before the Minnesota Supreme Court. 

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Background:

Hennepin County is defending the administration of Minnesota’s property tax exemption classification in Alliance Housing Incorporated et al v. Hennepin County. The Minnesota Tax Court concluded that the low-income rental housing statutory classification did not apply, and instead ruled that property in this case was exempt from taxation as a public charity. Hennepin County believes the court has misinterpreted current law and the result may have profound implications on tenants of low-income rental housing units.

Hennepin County is working with state and local government associations with interests in this case regarding filing amicus curiae briefs in the Minnesota Supreme Court in support of Hennepin County’s legal position. The phrase amicus curiae is Latin and translates to friend of the court. A person or entity who is not a party to the action but with strong interest in or views on the subject matter of an action, may petition the court for permission to file a brief as an amicus curiae.

On February 23, 2023, Association of Minnesota Counties (AMC) Board of Directors adopted a new policy that requires a county to pass a resolution asking AMC to file an amicus curiae brief in a particular case. This resolution seeks this assistance from AMC in authoring a brief to help the Court understand the impact of this case on local government in Minnesota.

 

recommendation

Recommendation from County Administrator: Recommend Approval