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04-02-76 CCM
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04-02-76 CCM
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LAWSON, RANUM & RALEIGH <br />RODERICK A. LAWSON L A W Y E R S <br />ALBERT E. RANUM 104 NORTH MAIN STREET <br />❑ONALD T. RALEIGH <br />STILLWATE R, MIN NES OTA 55O132 <br />Please (612) 439-4143 <br />Reply to: <br />OF COUNSEL: 1132.9 STILLWATER BLVD. NORTH <br />CHESTER S. WILSON LAKE ELMO, MINNESOTA 55042 <br />(612) 777-6960 <br />I <br />j�� April 5, 1976 <br />1��V 1✓ <br />� N� r. Lloyd Shervheim <br />3065 Klondike Avenue North <br />�} Lake Elmo, MN 55042 <br />Dear Lloyd: <br />FORMERLY <br />WILSON 6 THDREEN 1912-1925 <br />W ILSDN, THDREEN 6 LINDBLDOM <br />1921-1936 <br />REUBEN G. THDREEN 1936.1-1 <br />THDREEN, THDREEN 6 LAWSDN <br />1948-1 7 <br />T have looked over the memorandum prepared by you on April 2, 1976, from <br />the minutes you kept of that meeting. Following are my comments: <br />1. On page 2, third paragraph, second line, I believe the elevation <br />reference should be 925.5 instead of 929.5. <br />2. On page 3, second paragraph, Tom Noyes' response to your question <br />that we could pump Lake Jane for $23,000.00 as compared to $7,000.00 <br />in temporary flood -proofing. I think it might be helpful to point out <br />that the $33,000.00 permanent flood -proofing cost should be waived not <br />only in this year's pumping cost of $$23,000.00 but the potential. cost <br />of pumping in future years. <br />3. On page 3, third paragraph, relating to my opinion, the sentence be- <br />ginning in the 8th line with the words "He had advised that the city <br />had a right under the common enemy doctrine to remove excess surface <br />water I might suggest you change that to read "He had advised <br />that the City, in his opinion, had a right My purpose in this <br />correction is to emphasize that the distinction I made to justify the <br />emergency of last year, while it is in my opinion a valid and compel- <br />ling distinction under the circumstances which existed last year, <br />nonetheless arguable and in fact rejected by the DNR - although I <br />have yet to hear the argument rejected by the DNR's legal advisors. <br />Except for the one correction and the two additions T suggest I think your <br />memorandum states completely and with appropriate emphasis the relevant <br />comments and the action taken at the meeting. <br />Yours truly, <br />Donald T. Raleigh, for <br />LAWSON, RANUM & RALEIGH <br />DTR:ml eys for City of Lake Elmo <br />OOPT <br />
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