Maple Lake, MN asked in Public Benefits, Agricultural Law and Land Use & Zoning for Minnesota

Q: Can county government take over township powers without having due process? Isn't a public hearing required?

This was done during the pandemic. But commissioners shouldn't be able to weasel it in under the radar just because of a " pandemic".

1 Lawyer Answer
Robert Kane
Robert Kane
  • Eagan, MN
  • Licensed in Minnesota

A: Cities do not have constitutional rights (e.g the right to due process.) If you live in Maple Lake, the Wright-Hennepin Co-op Electric Association is governing authority. I don't know what transpired, but the city and association should have allowed for public input and provided transparency. The pandemic restrictions certainly affected the process. Remote hearings were common and more communications may have occurred without the normal accessibility.

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