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Agenda Packets - 1995/05/01
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Agenda Packets - 1995/05/01
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Last modified
1/28/2025 4:47:41 PM
Creation date
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
5/1/1995
Supplemental fields
City Council Document Type
City Council Packets
Date
5/1/1995
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04/20/95 09:03 CITY OF BLOOMINGTON ADMIN DEPT -* 93379310 NO.458 P011 <br /> Mr. Ornstein <br /> page 10 <br /> tenants in a hardship position, the purpose may be found <br /> legitimate. If the facts upon which the classification is based <br /> could reasonably be believed to be true by the legislators, a <br /> court would defer to the legislature in its choice of <br /> classification. Finally, the classification of manufactured home <br /> park owners may arguably be rationally related to the purpose of <br /> the statute, if that purpose is to protect manufactured home <br /> owners in a hardship position. <br /> III. THE BLOOMINGTON ORDINANCE <br /> You inquire whether the provisions of the Bloomington <br /> ordinance are within the authority provided by Minn. Stat <br /> S 327C.095, subd. 4. For the followingreasons, we conclude <br /> that, on its face, the ordinance is within the scope of authority <br /> of the statute. Words and phrases in statutes and ordinances • <br /> should be construed according to their common and approved usage. <br /> Minn. Stat. $ 645 .08 (].) (1988) ; 5tandaf_er v. .Frst, Yat' l Bank of, <br /> Minneapolis, 236 Minn. 123, 52 N.W.2d 718 (1952) . The provision <br /> for additional compensation refers to other partite. This <br /> provision falls after the provision for relocation costs from the <br /> park owner. This indicates that the additional compensation may <br /> be required only of someone other than the park owner. <br /> Next, the party paying such additional compensation must be <br /> involved in the park closing. Logically, the purchaser of a <br /> manufactured home park who plans to convert its use is involved <br /> with the park closing. . <br /> The reference to a ditional _compensat'on comes after the <br /> provision for reasonable relocation costs in the preceding . <br /> paragraphs . Therefore, it Follows from the common usage of the <br /> term additional that this 'refers to compensation beyond <br /> relocation costs. . <br /> The purpose of the provision for additional compensation is <br /> stated in the text of subdivision 4. That purpose is "to <br /> mitigate the adverse financial impact of the park closing upon <br /> the residents . " Minn. Stat. S 327C.095, subd. 4 . <br /> Each of the above points is arguably clear from the express <br /> language of the statute. What is not expressly clear from this <br /> provision is how far beyond reasonable relocation costs the <br /> additional compensation may go, keeping in mind its expressly <br /> stated purpose. In other words, the real question here is <br /> whether the requirement in the ordinance that the purchaser of a <br />
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