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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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A sampling of appellate cases where Mr. Kelly was lead counsel: <br />Mistelske v. Andover Economic Development Authority, 2004 WL 2793219 <br />(Minn. Ct. App. 2004). <br />Appeal on behalf of business owner whose land was condemned of EDA's denial <br />of relocation benefits. Court of Appeals reversed denial and remanded to EDA <br />for payment. <br />Maplewood Development, Inc. v. City of Maplewood, 1997 WL 785704 (Minn. <br />Ct. App. 1997). <br />Successful defense of City requirement for developer to dedicate a portion of the <br />property for storm water drainage. Summary judgment granted in favor of City at <br />trial level and later upheld by the Court of Appeals. <br />O'Mara v. State of Minnesota/University of Minnesota, 501 N.W.2d 603 (Minn. <br />1993). <br />Landmark workers compensation case. Obtained reversal of Workers' <br />Compensation Court of Appeals decision denying benefits to claimant. <br />Established definition of "suitable employment." <br />County of Ramsey v. Town of White Bear, 469 N.W.2d 479 (Minn. Ct. App. <br />1991). <br />Successful defense of appeal by Ramsey County of special assessments imposed <br />by the Township against County property. The Court of Appeals held that the <br />County's property received a special benefit from construction of the water main <br />by the Township. <br />Dege v. City of Maplewood, 416 N.W.2d 854 (Minn. Ct. App. 1987). <br />Successful declaratory judgment action to enforce special use permit. Dege <br />claimed that the City was estopped from enforcing terms of special use permit by <br />revoking building permit for construction of a trailer garage on parking lot. The <br />Court of Appeals held that the City was not estopped from enforcing the terms of <br />the special use permit. <br />Hedlund v. City of Maplewood, 366 N.W.2d 624 (Minn. Ct. App. 1985). <br />Successfully defended City against claim of improper denial of construction <br />variances. Obtained favorable judgments at trial court and at Court of Appeals. <br />Nordgren v. City of Maplewood, 326 N.W.2d 640 (Minn. 1982). <br />Landmark case involving property owner's appeal of cash connection charges. <br />The Court found the charges valid even though they replaced special assessments <br />which had been voided. The Court also held that the City did not violate the order <br />voiding the assessments by imposing connection charges. <br />
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