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1. Lino Lakes, as a city, derives its statutory authority to regulate the use of <br />land from both the Municipal Planning Act, Minn. Stat. 462.351-364 and <br />the Metropolitan Land Planning Act, Minn. Stat. §473.85-871 <br />2. In Nordmarken v. City of Richfield, 641 NW2d 343 (Minn. App. 2002) and <br />subsequent concurring case law, the Court of Appeals has held that charter <br />initiative petitions and charter amendments proposed by petitions that <br />constrict, dictate, or prohibit land use decisions by the City are preempted <br />by State law. <br />3. The City Attorney offered his opinion on July 22, 2024, that the above <br />principles in case law, as well as other pertinent legal principles, render the <br />three petitions legally invalid. The Council acknowledges and accepts the <br />City Attorney's opinion. <br />4. The residents of Lino Lakes' concerns are also acknowledged, and the <br />Council has been advised of the option to also seek the opinion of the <br />Attorney General on the validity of the petitions. The Council hereby <br />authorizes and directs the City Attorney to seek such opinion and <br />authorizes the City Attorney to communicate with the Attorney General <br />and share information in his possession relative to the issue and the <br />opinion request. <br />Adopted by the City Council of the City of Lino Lakes on this 12t" day of August 2024. <br />ATTEST: <br />Roberta Colotti, CIVIC, City Clerk <br />2 <br />Rob Rafferty, Mayor <br />