10-24 & 25-1995 Council Agenda - Laserfiche WebLink

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Thomas M. Sweeney George F. Borer Paul T. Ostrow Patrick J. Sweeney Mark R. Azman Sweeney, Borer & Ostrow Professional Association Attorneys at Law Suite 1200 Capital Centre 386 North Wabasha Street St. Paul, Minnesota 55102 November 11, 1994 Mr. Joel R. Hanson City Administrator 515 Little Canada Road Little Canada, MN 55117 Re: Oliver J. Becker and Eloise H. Becker vs. City of Little Canada Vanderbie /Allen Avenue Improvement Improvement Project 92 -11 Our File No. 7396 Dear Joel: Telephone (612) 222-2541 Facsimile (612) 223 -5289 We are pleased to advise you that Judge Roland Faricy of Ramsey County District has signed his Findings of Fact, Conclusions of Law and Order for Judgment sustaining the special assessment against the Becker property and ordering the Respondents to pay the City's costs and disbursements from the assessment appeal. I am enclosing a copy of Judge Faricy's Order with this letter for your information. The Order is identical to the proposed Order we submitted to Judge Faricy for his consideration on November 4, 1994. Based upon my conversation with Judge Faricy on October 31 when I was asked to prepare a proposed Order and his execution of the Order as submitted, it is clear that the Court concluded the City was on solid ground in its assessment of the Becker property. The Order includes findings that Allen Avenue was in need of replacement and that the installation of curbs, gutter and water main was appropriate and increased the value of the Becker property in an amount exceeding the amount of the assessment. Judge Faricy also makes specific findings in favor of the City's assessment policy which are set forth in Finding of Fact 12 of his Order. Pursuant to the Rules of Civil Appellate Procedure, the Beckers have 90 days from the date of the filing of a judgment in this matter within which to file an appeal. Since normally the entry of judgment is stayed for 30 days, we anticipate judgment Page 9