Laserfiche WebLink
CLOSED COUNCIL SESSION <br />CITY OF LINO LAKES <br />COUNCIL MINUTES <br />FEBRUARY 10, 1992 <br />.................................................... <br />................................................ <br />DATE <br />TIME STARTED <br />................................................... . <br />..................................................... <br />.:::..........:.....:........:..........:............ <br />..................................................... <br />..................................................... <br />MEMBERS SX <br />EPRN <br />..................................................... <br />..................................................... <br />..................................................... <br />..................................................... <br />MEMBERS«::: ABSENT <br />Staff members present: City Engineer, Darrell Schneider; City <br />Attorney, Bill Hawkins; City Administrator, Randy Schumacher and <br />Clerk -Treasurer Marilyn Anderson. Mr. Thomas J. Radio of Popham, <br />Haik, Schnobrich & Kaufman, LTD. was also present. He has been <br />appointed by the City's insurance carrier to represent the City <br />in this litigation. <br />The purpose of the meeting was to discuss the Ron Birch, Lake <br />Amelia Estates litigation. <br />Mr. Schumacher explained that he has met with Mr. Radio and has <br />presented all the material on the Amelia Lake Estates development <br />to him. Mr. Radio introduced himself to the City Council and <br />noted that he is also a city attorney for another municipality <br />and is familiar with all facets of municipal litigation. <br />Mr. Radio explained that the city and several individual Council <br />Members have been served in this matter. An answer to the <br />lawsuit was filed as well as a petition to move the litigation to <br />Federal District Court. Mr. Radio felt that Federal Judges are <br />usually more conservative and this may benefit the City. <br />Mr. Birch's lawsuit is based upon four (4) claims. The claims <br />are: 1) denial of rezoning is arbitrary and capricious, 2) <br />constitutes taking of property without just compensation, 3) <br />violation of constitutional rights, and 4) the "implied <br />moratorium" is illegal and unauthorized. <br />Mr. Radio said that the focus of the litigation is on the claim <br />that the denial of the rezone is arbitrary and capricious. He <br />noted that the property was zoned R -X at the time Mr. Birch <br />purchased the property and his major claim is that there is no <br />PAGE 1 <br />