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1� <br />W-10"Nal <br />1TELIUMPYAND FINAL PEATFOR THE # <br />CEAMTERY AS ORDERED BY ME DISIMT COURT <br />WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing <br />under the laws of the Mate of Minnesota and <br />WHEREAS, <br />DevelopmentC'Applicant") has submitted an application to the City of Lake Elmo ("City") for a Preliminary <br />and Final Plat for a cemetery to be called Halcyon, a copy of which is on file in the City of Lake <br />Elmo Community <br />(PillWHEREAS, the proposed Final Plat includes a cemetery on one parcel of land <br />Area;01.029.21.33.0003) in the Rural Planning <br />WHEREAS, the Lake Elmo Manning Commission held a public hearing can July 13, <br />015 to consider the Preliminary and Final Plat application; and <br />Council for the July 21, 2015 Council Meeting; and <br /># ♦ t <br />WHEREAS, the City Council further reviewed the Halcyon Cemetery Preliminary and <br />Final Plat at its meeting held on October 6, 2015 and denied the request based on findings of fact <br />as outlined in Resolution <br />WHEREAS, the Applicant sued the District Court, challenging the denial of the <br />Applicant's Preliminary and Final Plat applications, alleging the denial was arbitrary, capricious and <br />without sufficient factual or legal basis. <br />WHEREAS, the District Court granted sumnaryjudgment to the City and dismissed the <br />Applicant's complaint. <br />WHEREAS, the District Court's decision was appealed to the State of Minnesota Court of <br />Appeals, and the Court remanded the case to the district court with instructions to issue an Order <br />directing the City to approve the plat. <br />Resolution 01-59 <br />