Taxpayers' Choice files complaint alleging misdeeds in handling of petition
June 20, 1995
By Devlyn Brooks
The Roseau County Board of Commissioners met Wednesday, June 14, to discuss the awarding of the bids for the new county courthouse. To their surprise, Taxpayers' Choice Volunteer Committee presented them with a federal summons to appear in U.S. District Court.
The Board had been in the process of possibly awarding the bids when, about 11:30 a.m., Warroad lawyer Bud Mergens stood up and started laying the summons in front of each of the Commissioners. A summons was also served on Roseau County Auditor Anne Granitz.
The room was quiet as the commissioners, the auditor and the attorney read through the complaint, and others in the room wondered what was happening.
The County Commissioners then recessed the meeting until Friday, June 16, so that County Attorney Michelle Moren could have time to review the complaint and then advise the Board on their actions.
In the meanwhile, TCVC went to a federal court to get a restraining order on the County Board's ability to award the new courthouse bids. The judge denied the request.
Warroad Mayor Bob Marvin said that there was a possibility of another hearing to get a restraining order on the Board's actions in front of the judge who will be listening to the actual summons on Monday, June 19.
In the complaint, TCVC wants Federal Judge Richard Kyle to declare the law involving the moving of a county seat unconstitutional. It is also asking for an injunction calling for an election for moving the courthouse. The complaint also asks that TCVC is awarded attorney fees and court costs.
The plaintiff's involved are TCVC, Ruth Stukel and Roxanne Wygant. Stukel and Wygant are "acting on their own behalf, on behalf of all petitioners who signed a petition to change the Roseau County seat, and on behalf of all persons in Roseau County who have spoken or acted in favor of or otherwise support holding an election on whether the Roseau County seat should be moved."
The defendants are listed as the Roseau County Board of Commissioners; the County of Roseau; Doran Horner, Dick Jackson, Orris Rasmussen, Glenn Darst and John Spina, in their capacities as Roseau County Commissioners; Anne Granitz, in her capacity as Roseau County Auditor; and 25 unnamed John and Jane Does.
For more information about the summons, the complaint is reprinted in its entirety in this issue.
Local Grand Jury dismissed without charges
Alleged violations of the Fair Campaign Practices Act of the recent courthouse debate in Roseau County were discussed Tuesday, June 13, before a grand jury, but no witnesses appeared in court.
The purpose of a grand jury is to determine if there is enough evidence to suggest crimes were committed.
No charges came out of the hearing, which was held in Roseau County.
According to Roseau County Attorney Michelle Moren, "The grand jury met and were recessed by the judge."
Polk County Attorney Wayne Swanson was the special prosecutor for the case and declined to say anything more than "the jury met and was dismissed by the judge."
Both sides of the issue had alleged violations by the other of the Fair Campaign Practices Act during a five-month petition drive.
The petition called for an election on the issue of moving the county courthouse from Roseau to Warroad.
Comments