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08/14/1995 Council Packet
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08/14/1995 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
08/14/1995
Council Meeting Type
Regular
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H4JU- Se-1VV:7 lid= 'cam' <br />I'1 -H tailT6.11SatJL 3 H 1 E <br />r. ►.Ja <br />William G. Hankins <br />August 7, 1995 <br />Page. ,TWO <br />The rights of Gold Star Builders vested upon the execution <br />of the contract with the City. "A right has vested when it has <br />arisen upon a contract, or transaction in the nature of a <br />contract, authorized by statute and liabilities under that right <br />have been so far determined so that nothing remains to be done by <br />the party asserting it." Jasaka Co. v. City of St. Paul, 3U9 <br />N.W.2d 40 at 44 (Quoting Ridgewood Dev. Co., 294 N.W.2d, 288.) In <br />zoning cases, the contract is the issuance of a building permit. <br />Jasaka, 309 N.W.2d at 40. This is true even when the building <br />permit was issued in error. I. Here, Gold Star Builder's <br />rights became vested at the issuance of the building permit. The <br />rights of Gold Star Builders therefore may not be denied in such <br />a fashion as issuance of the red -tag because of the complete lack <br />of due process of law inherent in such an action. <br />Therefore, if the City of Lino Lakes does not remove, <br />rescind or withdraw the red -tag from the building permit already <br />issued to Gold Star Builders within 5 business days from the <br />receipt of this letter, it is our intention to proceed with <br />litigation to enforce the rights of Gold Star Builders under the <br />law. <br />If you ha -2,-.1 questions or c o ld like to discuss this <br />smatter further, ease do not hesitate to contact me. <br />cerely, <br />BJ LYR LAW FIRM <br />Thorne s' <br />Attornev at Law <br />TrTil h <br />`JWD49.037 <br />cc; lir. Waarrels <br />Ms. Mary Ya . #':r' "nd <br />
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