Cost of legal fight between Gov. Mark Dayton and Legislature: $767,000

Taxpayer tally was settled when firm for Legislature submitted a $399,000 bill.

March 30, 2018 at 1:17AM
Senate Majority Leader Paul Gazelka spoke with Governor Mark Dayton as the Governor he left the budget announcement press conference. ] GLEN STUBBE • glen.stubbe@startribune.com Wednesday, February 28, 2018 Management and Budget Commissioner Myron Frans presented the February budget forecast which projected a $329 million budget surplus. Gov. Dayton and legislative leaders all predict a surplus. One of the big questions this session will be what to do with the money. Spending proposals ar
Senate Majority Leader Paul Gazelka spoke with Gov. Mark Dayton as the governor left the budget announcement in February. (The Minnesota Star Tribune)

The Legislature is being billed $399,000 for its legal bills in a lawsuit against Gov. Mark Dayton, said Douglas Kelley, the lawyer whose firm handled the case.

The Republican-controlled Legislature last year sued Dayton after he vetoed funding for pay and expenses of lawmakers and staff in a dispute over taxes, education and criminal justice issues. The Legislature retained the Minneapolis firm of Kelley, Wolter & Scott.

Kelley said the actual bill was $433,000 — already reduced from normal rates — but lowered to $399,000. Legislative leadership, he said, "asked for a discount on behalf of the taxpayers of Minnesota and we honored that request."

The legal bill was first reported by Minnesota Public Radio.

Dayton's legal defense was provided by Briggs and Morgan law firm for $368,000.

Because Minnesotans paid for both sides of the legal battle, the total cost to taxpayers will be $767,000.

The legal battle took up the weighty matter of separation of powers. The Legislature accused Dayton of trying to crush another branch of government with his veto of their funding.

A lower court ruled in their favor, but the Minnesota Supreme Court said Dayton's move was lawful.

Despite his apparent legal victory, Dayton dropped his demands, relented and signed a bill early this legislative session that funds House and Senate staff, salaries and other expenses.

"Taxpayers picked up the cost of expensive lawyers for a battle that never should have happened," said Sen. Paul Gazelka, R-Nisswa, the GOP majority leader.

Dayton spokesman Sam Fettig suggested that legislative leaders were disingenuous.

"It is absurd to say that they had to fight for their funding," Fettig said. "The Supreme Court said that they had enough money to operate until the legislative session. They either did not know it, or would not admit it."

J. Patrick Coolican • 651-925-5042

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