A lawsuit challenging the economic development programs in Minot and North Dakota is back in court.
Attorney Lynn Boughey reported Friday that his client Robert Hale of Minot has re-filed a lawsuit thrown out of South Central District Court in Bismarck on July 9 for lack of specific allegations in the seven-page complaint. The new complaint is 76 pages and lists 64 state statutes that Hale questions as violations of the state constitution.
Hale also is asking the court to declare the statutes listed as violating the state constitution. In support of that motion, Hale filed a 97-page brief.
Hale questions the Minot MAGIC Fund and many of the economic development programs run through the Department of Commerce. He asserts that Article X, Section 18, of the constitution bars government from using taxpayer money to aid private entities, other than reasonable support for the poor.
Minot City Attorney John Van Grinsven issued a statement that the city hasn't seen the new complaint so has no comment on it at this time. Attorneys for the Department of Commerce, director Shane Goettle and Minot Area Development Corp., which also is being sued, were not available Friday.
Hale also is alleging a federal constitutional violation of due process, equal protection and taking of property under the federal civil rights statute. In doing so, Hale is suing Gov. John Hoeven and Minot's 14 city alderman in their official capacities.
Boughey stated that the action is required to be filed in Burleigh County because it relates to the validity of state laws.