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• <br />• <br />• <br />Livable Communities <br />December 16, 1998 <br />page 3 <br />a plan substantially departs from metropolitan system plans ..., the council <br />may commence civil proceedings to enforce the provisions of (the laws) by <br />appropriate legal action in the district court where the local governmental unit <br />is located. MN Stat 473.175 Subd. 3 <br />In fact, the Metropolitan Council has never initiated proceedings in court to force a <br />city's plan amendment because they have never had to. No city has ever failed to <br />amend its comprehensive plan to accommodate the needs of the regional systems <br />plans. The city and the Met Council normally negotiate these amendments without <br />too much trouble. <br />A city's absolute refusal to adopt a plan or amend it to comply with regional systems <br />plans has not occurred before. If a new plan is not submitted, the Met Council has no <br />choice but to review the existing plan, which is the Lino Lakes 1987 plan. The 1987 <br />plan most likely will not be consistent with current regional systems plans. The Met <br />Council will notify the City of the inconsistencies. If the City does not submit a <br />consistent plan, the Met Council will hold a public hearing on the matter. The City <br />could ask for a hearing before an administrative law judge, who would make a <br />recommendation. Ultimately, a district court could decide the matter. The courts <br />could mandate that the City comply with the Met Council's recommendations on the <br />comprehensive plan. <br />