Agenda - Council Work Session - 09/08/2008

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r C" However, on May 2, 2008, the parties reached an agreement whereby Plaintiff Look would amend the complaint to name his counsel as a plaintiff, on behalf of his minor child, and Defendant moved to withdraw its memorandum and supporting affidavit on the issue of mootness. Plaintiff Look filed an amended complaint, adding his counsel, John P. Dehen, on behalf of his minor daughter, as a named plaintiff. It appears from the amended complaint that PlaintiffDehen's daughter was not selected in the first lottery on April 15, 2008. The parties have brought cross-motions for summary judgment on whether Minn. Stat. ~ 124D.I0, subd. 9 requires Defendant to give an admissions preference to residents of the City of Ramsey. In addition, Plaintiffs have moved for a temporary injunction preventing Defendant from holding any enrollment lotteries for the kindergarten and sixth- through twelfth-grade classes and to have Defendant's counsel removed for an alleged conflict of interest. Definition of "Town" in Minn. Stat. ~ 124D.I0. subd. 9 Minn. Stat. ~ 124D.I0, subd. 9, requires charter schools to admit all eligible pupils who submit timely applications, unless the numb.er of applicants "exceeds the capacity of a program, class, grade level, or building," in which case, "pupils must be accepted by lot." Id. Before accepting students by lot, charter schools must also give preference to certain applicants as follows: If a charter school is the only school located in a town serving pupils within a particular grade level, then pupils that are residents of the town must be given preference for enrollment before accepting pupils by lot. If a pupi1lives within two miles of a charter school and the next closest public school is more than five miles away, the charter school must give those pupils preference for enrollment before accepting other pupils by lot. Id. The parties' dispute hinges on the meaning of the word "town," as used in the statute. 3