The case will go on, a judge told the Minnesota Department of Military Affairs (Minnesota National Guard) May 31, denying its motion for the lawsuit against it from Morrison County to be dismissed.
The motion was denied by Judge Leonard Weiler of Minnesota’s Seventh Judicial District, which includes Morrison County.
The suit was filed by Morrison County against the Minnesota National Guard and Minnesota’s Adjutant General Richard Nash to force Camp Ripley to follow its solid waste ordinance, court documents said.
The Guard asked that the case be dismissed because the court didn’t have jurisdiction to hear the case, due to the county not giving the National Guard or Nash notice before suing them.
“Because the Plaintiff did not give such pre-suit notice to the relevant parties identified in the federal statute cited above, Defendants argue that this Court lacks subject matter jurisdiction over this matter and must dismiss the suit without prejudice,” Weiler wrote in his decision.
However, this requirement is only for lawsuits filed by citizens, Weiler said. Due to Morrison County being designated to design and implement solid waste management within its borders, this is not a citizen filed lawsuit so it didn’t have to give notice under Minnesota law.
“This provision allows for Morrison County to enforce its Solid Waste Ordinance by seeking injunctive relief in Minnesota district court against an alleged violator,” Weiler wrote.
The case is not over, however, as the court still has not reached a decision as to whether or not the Minnesota National Guard has to follow the county’s solid waste ordinance.
Morrison County declined to comment. A call to the Minnesota National Guard was not returned.