petition for writ of prohibition, Mann et al vs Showalter, Commissioner of Mn Magm't & Budget 1/10/14 10:30 AM

State of Minnesota Supreme Court PETITION FOR WRIT OF PROHIBITION Doug Mann, Linda Mann, David Tilsen Petitioners, Supreme Court Case Number: vs. Jim Showalter, Commissioner of Minnesota Management and Budget Respondent CC: Lori Swanson, Attorney General of the State of Minnesota, 445 Minnesota Street, #1100 St. Paul, MN 55101

TO: The Supreme Court of the State of Minnesota:

The petitioners, Doug Mann, Linda Mann, and David Tilsen request a writ of prohibition restraining Jim Showalter, Commissioner of Minnesota Management and Budget from proceeding with the sale and issuance of appropriation bonds authorized by Session Laws of 2012, chapter 299, Article 2. Petitioners reside in the City of Minneapolis, Minnesota, and for a cause of action allege the following: WHEREAS 1. Session Laws of 2012, chapter 299, (2012 Stadium Act), Article 2, section 1, sub. 2, authorizes the sales of appropriation bonds by the commissioner of Minnesota Management and Budget, not to exceed $498,000,000. "Proceeds of the appropriation bonds must be credited to a special appropriation stadium bond proceeds fund in the state treasury. . . " ; 2. The 2012 Stadium Act, Article 2 section 1, subd. 10 c. states: "The Minnesota Supreme Court shall have original jurisdiction to determine the validation of appropriation bonds and all

Page 1 of 4

petition for writ of prohibition, Mann et al vs Showalter, Commissioner of Mn Magm't & Budget 1/10/14 10:30 AM

matters connected therewith;" 3. The 2012 Stadium Act, Article 2, section 1, subs. 10(d) states: "The commissioner may determine the commissioner's authority to issue appropriation bonds and the legality of all preceding in connection with issuing bonds. For this purpose, a complaint shall be led by the commissioner in the Minnesota Supreme Court against the state and the taxpayer and citizens;" 4. The 2012 Stadium Act, Article 2, section 1, subd. 10(i) states: "Any taxpayer, citIzen, or person interested may become a party to the action by moving against or pleading to the complaint at or before the time set for hearing. The Minnesota Supreme Court shall determine all questions of law and fact and make orders that will enable it to properly try and determine the action and render a nal judgement within 30 days of the hearing with the least possible delay;" 5. The commissioner has determined that he has the authority to issue appropriation bonds without a validation hearing before the Supreme Court as provided by the 2012 Stadium Act, Article 2, section 1, subs. 10(g); 6. The 2012 Stadium Act, Article 3, section 1, subs. 4. dedicates local sales tax revenues ". . . for state bond debt service support beginning in calendar year 2021, and for each calendar year thereafter through calendar year 2046, periodic amounts so that not later than December 31, 2046, an aggregate amount equal to a present value of $150,000,000 has been deposited in the general fund. . ."; 7. The 2012 Stadium Act, Article 2, Section 1, subs. 6. states: "No full faith and credit: state not required to make appropriations. The appropriation bonds are snot public debt of the state, and the full faith, credit, and taxing powers of the state are not pledged to the payment

Page 2 of 4

petition for writ of prohibition, Mann et al vs Showalter, Commissioner of Mn Magm't & Budget 1/10/14 10:30 AM

of the appropriation bonds or to any payment that the state agrees to make under this section. . . Appropriation bonds shall be canceled and shall no longer be outstanding on the earlier of (1) the rst day of a scal year for which the legislature shall not have appropriated amounts sufcient for debt service, or (2) the date of nal payment of the principal of and interest on the appropriation bonds." 8. The Stadium Act of 2012, Article 1, section 15, subs. 4(b) states: "The state share of stadium costs shall be limited to $348,000,000 for construction of a new stadium, as permitted under section 16A.726. The city of Minneapolis share shall be limited to no more than a $150,000,000 contribution for construction, and the annual operating cost and capital contribution contained under section 473J.13; and 9. City of Minneapolis sales tax revenues are to be dedicated to the repayment of state appropriation bonds in violation of Minnesota constitution, Article X, section 1, which prohibits such an arrangement. WHEREFORE, the petitioners request an order granting the petition for a writ of prohibition and the issuance of a writ of prohibition restraining the Commissioner of Management and Budget from proceeding with the sale and issue of state appropriation bonds to pay for the construction of the Vikings stadium authorized by Article 2 of Minnesota Session Laws of 2012, Chapter 299.

A memorandum of points of law and authorities in support of the petition are attached to the petition along with exhibits. Dated: 10 January 2014 ___________________________ Doug Mann

Page 3 of 4

petition for writ of prohibition, Mann et al vs Showalter, Commissioner of Mn Magm't & Budget 1/10/14 10:30 AM

Petitioner, pro se 3706 Logan Avenue N. Minneapolis, MN 55412 Phone: (612) 824-8800

_____________________________ Linda Mann Petitioner, pro se 1821 First Avenue South, #303 Minneapolis, MN 55403 Phone: (612) 871-4102

______________________________ David M. Tilsen Petitioner, pro se 3220 10th Ave S. Minneapolis, MN 55407 Phone: (612) 823-8169

Page 4 of 4