Agenda - Council - 04/08/2008 - Laserfiche WebLink

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2. SUMMARY JUDGMENT IS APPROPRIATE LITIGATION IS UNFOUNDED WHERE Sutmllary judgment seeks "to separate the wheat from the chaff and relieve the court system of the burden and expense of unfounded litigation." Cookv. Connolly, 366 N.W.2d 287, 292 (Minn. 1985). Rule 56 disposition is appropriate in cases where issues of material fact are lacking and the moving party is entitled to judgment as a matter of law. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993). C. BECAUSE LOOK CANNOT SUCCEED ON THE MERITS THE MOTION FOR A TEMPORARY INJUNCTION MUST BE DENIED AND SUMMARY JUDGMENT GRANTED Proper statutory construction of Minn. Stat. S 124D.IO limits application of the resident preference to charter schools that are located within towns, not those located in cities. 1. By its Plain Meaning the Statute Applies to Towns, Not Cities Statutes are to be construed consistent with their ordinary meaning, and courts will not look outside the plain meaning of a statute's terms to create doubt where none exists. When ''the effect of the language used is clear to the court, extraneous aid . . . cannot control the interpretation.' (Citing cases.) Therefore, proof of such extraneous matters. . . 'may properly be resorted to only to solve doubt. . . -not to create it, and such legislative history may not be used to support a construction which adds to, or takes from, the significance of the words employed.'" Rice v. City of St. Paul, 208 Minn. 509, 510, 295 N.W. 529, 534 (1940) (emphasis in original); See also State ex reI Gardner v. Holm, 241 Minn. 125, 129, 62 N.W.2d 52, 55 (1954) (internal quotation citation omitted) ('''In construing a statute or constitutional provision. . . as a primary rule, the language used is to be first considered, as being the best evidence of what that intention is; and when the words are clear, explicit, unambiguous and free from obscurity" courts are -136- 9