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MEMORANDUM Plaintiff, Dayspring Development, LLC ( "Dayspring ") is in the business of real estate development and sought to develop real property located in Defendant, City of Little Canada ( "Little Canada "). Little Canada is the primary governing authority responsible for regulating the subdivision and platting of land within the city of Little Canada. On May 24, 2002, Kevin Von Riedel, d/b /a Dayspring, applied to subdivide and develop the property at issue here into sixteen residential lots. On August 8, 2002, Dayspring submitted a preliminary plat which Little Canada's City Council granted conditional preliminary approval of on October 23, 2002. In granting this approval, Little Canada imposed a number of conditions. On February 24, 2003, Dayspring filed a Petition for an Alternative Writ of Mandamus directing the approval of the preliminary plat as submitted. On June 5, 2003, after a hearing on the petition, the Court found that several of the conditions imposed by Little Canada were improper, but quashed the Alternative Writ of Mandamus because at least one of the conditions imposed by Little Canada was authorized by law. On June 12, 2003, Dayspring submitted a final plat application. Little Canada informed Dayspring that there were several items in the application that were deemed non - compliant. The parties met on several occasions to attempt to bring the final plat application into compliance. On August 27, 2003, Little Canada denied Dayspring's application for final plat approval as untimely and non - compliant with a number of conditions. Among the conditions listed by Little Canada were those previously held by the court to be improper, as well as a number of new conditions not previously discussed with Dayspring. 3