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08-26-1998 Council Agenda
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08-26-1998 Council Agenda
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8 -21 -1998 2:12PM <br />FROM SWEENEY LAW FIRM 2235289 P. 3 <br />Mr. Hanson <br />August 21, 1998 <br />Page Two <br />The City appealed to the Minnesota Appellate Court from that <br />Order and alleged, on appeal, that the District Court had no <br />jurisdiction to amend the September 12, 1996 Order. As you will <br />recall, the Court of Appeals, in a two -to -one opinion, disagreed <br />with our position and held that the District Court could amend <br />the September 12, 1996 Order. <br />The Minnesota Supreme Court agreed to review this decision <br />at the City's request. The Minnesota Supreme Court agreed with <br />our contentions and held that when the property owner had failed <br />to appeal from the Order of September 12, 1996, by November 4, <br />1996, the Order became final and the Ramsey County District Court <br />no longer had jurisdiction to decide the property owner's Motion <br />for Amended Findings. <br />In summary, it seems that this matter is unduly complicated. <br />However, the ultimate result is that the Minnesota Supreme Court <br />has affirmed the special assessment of the City of Little Canada, <br />levied by the City Council on October 24, 1995. We wish to <br />commend the Council for their commitment and defense of their <br />action in this matter. <br />1 will forward under separate cover a copy of the Syllabus <br />of the Minnesota Supreme Court in this matter. <br />PJS:skd <br />very truly yours, <br />SWEENEY, BORER & SWEENEY <br />/944164-44:7/11-e-l2 "4-1 <br />Patrick J. Sweeney <br />Page 32 <br />�tf <br />
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