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2002_1202_packet
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2002_1202_packet
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Here, Plaintiffs ha�e not demonstrated their legal remedy is inadequate. By this Order, <br />the Court is declaring that the individual Plaintiffs are entitled to receive relief association <br />pension credit for the years 1990 to 1997. Because of the Hastings Relief Association's 1997 <br />B}•-la�� s changes, the dual pension issue should no longer e�st. At this point, the State Auditor <br />has not withheld any state fire aid based on the pension issue. Thus, no particular conduct is <br />required of the State Defendants that would require a mandatory injunction. In accordance with <br />this declaratory judgment, Hastings Relief Association will amend its reports to reflect the <br />additional service credit for the Plaintiffs. It is anticipated the State Defendants will accept the <br />amended reports based on this Order. If that does not occur, then e�traordinary equitable relief <br />may be granted. <br />5. Plaintiffs' tortious interference with contract and section 1983 claims fail as a <br />matter of la�v. <br />The State Defendants raise a number of defenses to Plaintiffs' remaining tort claims. It is <br />not necessary to address the merits of these defenses in great detail because the Plaintiffs have <br />w <br />failed to demonstrate the requisite elements of each claim. <br />To pre��ail on a tortious interference with contract claim, a pariy must prove the e�stence <br />of a contract, knowledge of the contract by the alleged wrongdoer, intentional procurement of the <br />breach, lack ofjustification for the breach and damages. Kjesbo v. Ricks, 517 N.W.2d 585, 588 <br />(Nli��n. 1994). Here, Plaintiffs cannot meet the third element as a matter of law. State law <br />requires the State Auditor to obtain information from firefighters relief associations and report to <br />the Legislature about service pensions. Minn. Stat. � 6.72. Chapter 69 sets out a relief <br />15 <br />
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