Minn. lawsuit challenges governor's budget cuts

Six Minnesota residents sued Gov. Tim Pawlenty over unilateral budget cuts he made without legislative approval, alleging he violated state laws and the state constitution.

The lawsuit filed Thursday in Ramsey County District Court names the Republican governor and three of his cabinet members. It seeks class-action status for everyone who will lose state aid for medically prescribed diets or get smaller property tax refunds for renters.

The case will test Pawlenty's use of an obscure executive power called unallotment.

He used the authority to slice $2.7 billion from the state's two-year budget after he and lawmakers failed to erase a deficit during the legislative session that ended in May. Pawlenty vetoed tax increases approved by the Democrats who control the Legislature, opting to cut more spending and delay payments to schools to balance the budget.

Pawlenty reduced property tax refunds for renters and eliminated funding for the special diet program starting Nov. 1.

The lawsuit says the governor went beyond his authority by using his powers instead of calling a special session. It also claims that his action violated the constitutional separation of powers.

"This lawsuit puts a human face on what the governor did," said former U.S. Attorney David Lillehaug, who has counseled clients on the state's unallotment statute.

Pawlenty spokesman Brian McClung said the governor is "confident" of his legal standing.