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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 P012 <br /> y ) <br /> Mr. Ornstein <br /> Page 11 <br /> park pay the es 'mated market value of manufactured homes to <br /> certain owners exceeds the authority of the statute. <br /> Ordinances, like statutes, are presumed valid. They are not <br /> to be overturned unless clearly invalid. City of St. Paul v. <br /> ekeda is, 293 Minn. 334, 199 N.W.2d 151, 153 (1972) . Keeping <br /> that in mind, the "lack of explicit statement in the statute may <br /> hinder, but does not prevent, ascertainment of the meaning. <br /> Often, . . . a statute speaks as plainly by inference and by <br /> means of the purposes which underlie it as in any other manner. " <br /> $tate. Ervin v. Goodman, 206 Minn. 203, 207-08, 288 N.A. 157 <br /> (1939) . A statutory requirement encompasses "all such <br /> incidental, collateral, and subsidiary consequences as may be <br /> fairly and logically inferred from its terms. " IA. at 208. This <br /> rule of constru���.onapplicable <br /> in Minn.to Statthe <br /> $ 327Cr095tion of the <br /> scope of auth y granted <br /> The statute is broad in its grant of authority to <br /> municipalities to require "additional compensation. " Given this <br /> broad authority, the ordinance provision requiring park <br /> purchasers to pay to homeowners the estimated market value <br /> of <br /> their homes in limited circumstances may bbe fairlyand logically <br /> ordinance <br /> inferred from the terms of the statute. <br /> provides a cap on total compensation to homeowners of twenty <br /> percent of the purchase price of a park appears to reflect the <br /> mitigation purpose of the statute rather than an allowance for a <br /> windfall to homeowners. Consequently, it is fair to say that the <br /> ordinance, on its face, falls within the scope of authority of <br /> the statute. <br /> It is possible, however, that in its application to a given <br /> set of circumstances, the ordinance may not be a reasonable <br /> exercise of the express purpose of the additional compensation <br /> provision of the statute. <br /> Finally, you ask whether the city ordinance passed pursuant <br /> to Minn. Stat. § 327C. 095 violates the taking provisions of the . <br /> Minnesota and United States Constitutions.5 <br /> The same ad hoc <br /> factual inquiry as i described above with respect to the statute <br /> would apply to the ordinance as well. Therefore, as with the <br /> question of the statute's constitutionality under the taking <br /> clause, I am unable to give a concrete opinion as to whether the <br /> 1/ As I indicated with respect to the statute, a claim under the <br /> federal conet��austed would�illiamsone premature <br /> el7�til state <br /> remedies ar <br />
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