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07/07/2008 Council Packet
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07/07/2008 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
07/07/2008
Council Meeting Type
Work Session Regular
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• <br />• <br />Coon Rapids Planning Commission prior to that time. John Roszak served on the Eagan <br />Planning Commission. Both have an appreciation for the land use decision - making process. <br />We also continue to be actively involved in land use litigation. In Interstate Power <br />Company v. Nobles County, 1999 WL 171495 (Minn. Ct. App. 1999) we persuaded the <br />Appellate Court to uphold our clients' denials of a conditional use permit based on health, <br />safety and welfare considerations. The denial protected the integrity of a county highway. <br />In Neitzel v. Redwood County, 521 N.W.2d 73 (Minn. Ct. App. 1994), we established a new <br />rule of law providing for expedited review of certain types of municipal land use decisions. <br />The new process benefited and continues to benefit our clients. <br />In Buss v. Blue Earth County, 2002 WL 1326624 (Minn. Ct. App. 2002) we <br />successfully defended the decision to grant a variance for the rebuilding of a horse barn. In <br />Diamond A Farm v. Sherburne County, 2004 WL 2283457 (Minn. Ct. App. 2004) we were <br />successful in defending the decision to issue a conditional use permit for the building of a <br />greenhouse. In Overgaard v. Rock County, 2003 WL 21744235 (D. Minn. 2003) we <br />defended the County Board's application and interpretation of its zoning ordinance against a <br />challenge from a neighbor of the applicant. In SOB, Inc. v. County of Benton, 317 F.3d 856 <br />(8th Cir.) we successfully defended the County's adult use ordinance against a myriad of <br />challenges from the operator and dancers of a strip club. Finally, in Watab Twnshp Citizen <br />Alliance v. Benton County, 728 N.W.2d 82 (Minn. Ct. App. 2007), we succeeded in <br />defending a county against attacks against the platting process, property re- zoning, and its <br />decision on the need for an EAW. <br />2. Municipal Real Estate and Facilities <br />A public client, just as a private client, engages in matters that involve real estate. <br />Municipalities buy and sell land, condemn land, build and remodel facilities, and become <br />engaged in real estate valuation issues involving ad valorem taxation and special assessments. <br />Jay Squires is certified as a Real Property Law Specialist by the Minnesota State Bar <br />Association. Certification as a specialist in this area constitutes a recognition of particular <br />competence in the field of real estate. The firm's work in land acquisition includes <br />condemnation where voluntary acquisition of needed land is not possible. The positive <br />results we have achieved include both reasonable settlements and favorable Commissioners' <br />reports and jury verdicts on appeal. <br />In Independent School District No. 194, Lakeville v. Tollefson Development, Inc. <br />506 N.W.2d 346 (Minn. Ct. App. 1993), we convinced the Court of Appeals to establish a <br />new rule of law which resulted in the dismissal of the landowner's appeal of the <br />condemnation commission award involving land for the Lakeville High School. The result <br />was that the School District saved roughly $1.3 million; preserving a $700,000 <br />commissioners' award when the landowner had sought over $2,000,000. <br />5 <br />
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