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06-20-95 CCM
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06-20-95 CCM
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which are in violation of the Code. Despite such direction and <br />{ request, the violating conditions continue to exist. <br />Specifically, the City Council, pursuant to section 1501.060 <br />of the City Code has passed a resolution directing remedial action <br />within five days of service of a copy of the resolution. Said <br />resolution has been served and five days have passed with no <br />response by the Defendant. A copy of said resolution and copies ®f <br />the affidavits of service are attached hereto as Exhibit A. <br />COUNT II - STATUTORY VIOLATIONS <br />7. Plaintiff restates and realleges the matters set forth in <br />the preceding sections. <br />8. The use of the Subject Property described above <br />constitutes a public nuisance pursuant to Minn. Stat. 5561 and <br />applicable case law. <br />9. The Plaintiff believes that the use of the Subject <br />Property referred to above by the Defendant will be allowed to <br />continue unless, by order of a Court of competent jurisdiction, <br />they are prohibited from doing so. <br />10. Plaintiff has no adequate remedy at law. <br />COUNT III. - HOLE OCCUPATION <br />11. Plaintiff restates and realleges all --of the allegations <br />contained in the preceding sections. <br />12. Section 310.040, 65. of the bake Elmo City Code defines <br />home occupations. A copy of said section is contained in the <br />Appendix to this Complaint. Home occupations are allowed in an R-1 <br />Zone. <br />l 3 <br />
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