02/10/1992 Council Minutes (2) - Laserfiche WebLink

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1 CLOSED COUNCIL SESSION FEBRUARY 10, 1992 CITY OF LINO LAKES COUNCIL MINUTES DATE : February 10, 1992 TIME STARTED 5:35 P.M. TIME ENDED 6:`37 P.M. MEMBERS PRESENT: Reinert, Neal, Kuether, Elliott, Bergeson! MEMBERS ABSENT None Staff members present: City Engineer, Darrell Schneider; City Attorney, Bill Hawkins; City Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson. Mr. Thomas J. Radio of Popham, Haik, Schnobrich & Kaufman, LTD. was also present. He has been appointed by the City's insurance carrier to represent the City in this litigation. The purpose of the meeting was to discuss the Ron Birch, Lake Amelia Estates litigation. Mr. Schumacher explained that he has met with Mr. Radio and has presented all the material on the Amelia Lake Estates development to him. Mr. Radio introduced himself to the City Council and noted that he is also a city attorney for another municipality and is familiar with all facets of municipal litigation. Mr. Radio explained that the city and several individual Council Members have been served in this matter. An answer to the lawsuit was filed as well as a petition to move the litigation to Federal District Court. Mr. Radio felt that Federal Judges are usually more conservative and this may benefit the City. Mr. Birch's lawsuit is based upon four (4) claims. The claims are: 1) denial of rezoning is arbitrary and capricious, 2) constitutes taking of property without just compensation, 3) violation of constitutional rights, and 4) the "implied moratorium" is illegal and unauthorized. Mr. Radio said that the focus of the litigation is on the claim that the denial of the rezone is arbitrary and capricious. He noted that the property was zoned R -X at the time Mr. Birch purchased the property and his major claim is that there is no PAGE 1