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A-rt~r~.~~r- ~. <br />JENSEN, HICKEN, GEDDE ~ SCOTT, P. A. <br />n <br />J <br />ATTORNEYS AND COUNSELORS AT LAW <br />300 ANOKA OFFICE CENTER <br />2150 THIRD AVENUE <br />ANOKA, MINNESOTA 55303-2296 <br />OF COUNSEL <br />HADLEY, CHARLES S. <br />LUTHER, RICHARD L. <br />HOWSE, G. CRAIG <br />BOCK, EDWARD A., JR. <br />GEDDE, THOMAS A. <br />HICKEN, JEFFREY P. <br />HOWARD, ROBERT A. <br />JENSEN, DAVID L. <br />NATTKE, PAUL E. <br />SCOTS, MICHAEL J. <br />TELEPHONE (612) 421-4110 <br />TELECOPIER (612) 421-1040 <br />September 17, 1990 <br />,Ms. Susan Hoyt <br />r^alcon Heights City-Planner <br />City of Falcon Heights <br />2077 West Larpenteur Avenue <br />Falcon Heights, MN 55113-5594 <br />RE: Draft Parking Policy for the City of Falcon Heights <br />Dear Ms. Hoyt: <br />This letter is in response to your memo of September 11, 1990 <br />. asking for my comments on the draft parking policy for the <br />City of Falcon Heights. In particular, you ask whether desig- <br />nation of residential permit parking areas is permissible. <br />The League of Minnesota Cities addressed this issue in a re- <br />search memorandum dated January, 1986. It observed that prob- <br />lems of congestion sometimes arise in residential areas which <br />are near institutions or commercial areas which attract a <br />large number of transient parkers. Area residents may then <br />encounter difficulty in finding on-street parking spots near <br />their homes. Some cities have attempted to alleviate this <br />problem through the use of a permit system for residential <br />parking whereby permits are issued to residents to allow park- <br />ing on designated streets and any vehicles parked on those <br />streets which do not display a permit are subject to tagging <br />or impoundment. <br />There does not appear to be any state law prohibiting this <br />type of parking regulation. However ordinances of this type <br />have been challenged as violating equal protection clauses. of <br />the state and federal constitutions. Some courts have over- <br />turned such ordinances on these grounds. However other courts <br />have upheld such ordinances and the U.S. Supreme Court in the <br />1977 case of County Board of Arlington County Virginia v <br />Richards, upheld a residents-only parking ordinance. In up- <br />holding the ordinance the court observed that a distinction <br />• between residents and non-residents may be valid where there <br />