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Larkin Hoffman 12/16/2009 10:43 PAGE 008/008 Fax Server Mayor Bill Blesener Shelly Boss, Council Member John Keis, Council Member Michael McGraw, Council Member Rick Montour, Council Member December 16, 2009 Page 7 economic impact of the regulation on the claimant and, particularly, the extent to which the regulation has interfered with distinct investment backed expectations [as well as] the character of the governmental action." Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978). The primary factor in the analysis is the severity of the burden on the claimant's legitimate property interests. Weissmann Realty, Inc. v. City of Eagan, 734 N.W.2d 623, 633 (Minn. 2007). Quebec had a vested right in the noise wall, as discussed above, and fiuther it has a right to own its property without arbitrary governmental interference. Without the noise wall, the Project causes excessive noise interferences for the residents of Quebec Apartments as well as Quebec as owner. The Project, by increasing noise levels for Quebec Apartments, has diminished the value of the Property. Accordingly, the City's decision to demand that the noise wall be omitted without compensating Quebec for the results of the decision, is an unlawful taking of Quebec's property. Quebec requests that the City identify plans to fund and construct the noise wall without cost to Quebec, on or before January 15, 2010, and that construction be completed before June 2010. In the event that the City xefizses to fund and construct the wall on this timeline, Quebec will have no choice but to seek judicial relief for the City's violations. Very Y Yom Gary~an Cleve, for Larktn Hoffman Daly & Lindgren Ltd. Drect Dial: 952-896-3277 Direct tax: 952-842-1720 Email: wanelevena larkinhoffman corn ce: Patrick Kelly, Little Canada City Attorney (via facsimile and U.S. Mail)