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2002_1202_packet
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state fire aid based on Plaintiffs' receipt of pension credit through both PERA and the Hastings <br />Relief Association. <br />4. Plaintiffs are not entitled to injunctive relief or a writ of mandamus. <br />In addition to a declaratoty judgment, Plaintiffs ask the Court to permanently enjoin the <br />State Defendants from withholding state fire aid because of Plaintiffs' receipt of relief <br />association pension credit. Plaintiffs also seek a writ of mandamus compelling the State Auditor <br />to accept amended annual reports from the Hastings Relief Association that credit the individual <br />Plaintiffs for their volunteer service from 1990 to 1997. Plaintiffs ha�e failed to demonstrate that <br />either of these e�traordinary remedies is necessary under the facts of this case. <br />A permanent injunction is appropriate where the moving party has demonstrated that a <br />right has been violated, the a�ailable legal remedies are inadequate and irreparable harm will <br />occur in the absence of injunctive relief. Cheme Industrial, Inc. v. Grounds & Associates, Inc., <br />278 N.W.2d 8 1, 92 (Minn. 1979); Matter of Minneapolis Community Development Agency v. <br />The Itasca Co., 403 N.�V.2d 310, 313 (Minn. App. 1957). Mandamus is also an e�traordinary <br />remedy awarded only when equity requires such relief. Covle v. City of Delano, 526 N.W.2d <br />205, 207 (Minn. App. 1995). To obtain a writ of mandamus the requesting party must <br />demonstrate: "( 1) the failure of an official duty clearly imposed by law; (2) a public wrong <br />specifically injurious to petitioner; and (3) no other adequate legal remedy." Id.; citing State ex <br />rzl Coduti v. Hauser, 219 Minn. 297, 302 � 7�(. W.2d �0=1, 507 (1945); Minn. Stat. � 586.01. The <br />duty must be a plain duty of the official sought to compel performance. State ex rel Evens v. <br />City of Duluth, 195 Minn. 563, 565, 262 N.W. 68 1, 682 (1935). <br />14 <br />
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