ST. PAUL, Minn. (CN) - The Minnesota Supreme Court has upheld a lower court decision dismissing an election-related lawsuit brought against the city of Orono by its former mayor.

That mayor, Dennis Walsh, argues Orono City Council improperly called a special election for a seat he already filled. But Minnesota's high court denied his petition to review the case on Friday, just three days after arguments before the court.

The controversy arose after Walsh last year appointed Claire Berrett to fill the council seat once occupied by Matt Johnson. Johnson resigned in November 2024, leaving two years in his term.

Walsh's appointment soon sparked controversy, as many in Orono saw Berrett as excessively supportive of the outgoing mayor. Her appointment and swearing-in caused a ruckus in the small city of around 8,000, as audience members and even officials booed and shouted.

During oral arguments Tuesday, Walsh's lawyer, Nicholas Nelson of the Upper Midwest Law Center, told justices that the way the city council went about setting up a special election was deeply problematic. 

"Orono waited until after a vacancy arose, after the vacancy was filled by appointment and only then got around to reportedly deciding what to do about a special election," Nelson told the court. 

He argued that while council had a right to call a special election, members had to provide advance notice under state law. But Chief Natalie Hudson seemed unconvinced, noting that cities across the state have enacted similar ordinances.

Representing Orono, lawyer David Zoll of the Minneapolis firm Lockridge Grindal Nauen told justices Tuesday that Nelson's argument was circular.

Orono's ordinance calling a special election did not undo Johnson's resignation, nor did it seek to undo Berrett's appointment, he said. Instead, he argued it simply "specifies the time or the circumstances and the process by which the city council will hold the forthcoming required statutory special election."

Under normal circumstances, Berrett's term would end after the city's next general election in November 2026. As such, Associate Justice Paul Thissen noted that the ordinance shortens Berrett's term - something he said state statute prohibits. 

"There's background law that says you can't do that unless the legislature specifically gives the city that power - and the cities don't have any power unless the Legislature gives it to them," Thissen said. But Zoll pushed back, arguing that per state law, an appointee serves until a successor is chosen via special election.

Minnesota justices have not yet issued a written opinion in the case. A special election is slated for Orono next Tuesday, May 13.

Lawyers for both Walsh and Orono did not respond to requests for comment by press time.

Source: Courthouse News Service