MN Lottery Order: Lawyer Says, “By taking this position, the court is acknowledging it does not have subject matter jurisdiction to hear the disputes. If the court doesn’t have subject matter jurisdiction, where is the court getting its authority to stay the lottery?”

Carol R. M. Moss Litigation/Cannabis Business Attorney at law firm Hellmuth & Johnson, PLLC writes..

I hate to be a buzzkill, but this is not a strong order. 

The court directs applicants to the MN Court of Appeals to appeal their rejection through a writ of certiorari.

By taking this position, the court is acknowledging it does not have subject matter jurisdiction to hear the disputes. If the court doesn’t have subject matter jurisdiction, where is the court getting its authority to stay the lottery?

The order does not cite to any. (The court could not have granted the motion for TRO, because a required element is likelihood of success on the merits.

That element could not be satisfied, again, due to lack of subject matter jurisdiction.) I have a feeling the story of the pre-approval lottery is not over.

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