03-04-1981 Council Agenda - Laserfiche WebLink

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had the right to assume that they could proceed with the construc- tion. In the meantime a water shortage emergency has arisen, through no fault of plaintiffs and actually unforeseen by defendants. In the interest of health and safety, plaintiffs' construction must cease until adequate water is available. This order is not intended to determine whether or not plaintiffs have a cause of action for damages resulting from the defendants' action in reversing their decision on zoning, nor is this order intended to foreclose plaintiffs' right in that area. That issue is not before the Court at this time. MANDAMUS IS NOT PROPER AT THIS TIME The City Council having exercised its discretionary function without arbitrariness or caprice, mandamus will not lie. Plaintiffs have other means of reviewing the action of the City Council. See Zion Evangelical Lutheran Church of Detroit Lakes vs. the City of Detroit Lakes, et al, 221 Minn. 55, 21 N.W.2d 203, (1945). RIGHT OF INTERVENTION The Court is denying the petition to intervene on the basis that the issues involved are not properly before the Court on Mandamus. Having denied plaintiffs' petition for a Writ of Mandamus the issues before the Court are now closed. To permit the action to proceed on the basis of the intervention would be tantamount to permitting an inter- vention action by mandamus. In other words, if intervenors were the original parties in action seeking to correct the action taken by the City Council, their position would be no stronger than that of plain- tiffs in this action concerning the right to proceed under mandamus. Hachey, J. -3-