1984.03.14 PC Minutes - Laserfiche WebLink

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The 4W m�ri LL J Forest Lake, Nnnesefa M25 -;HUG4 Attorne y says club ugun se s•permit va��d .. IWW _ city (9rarles Jghnson has issued ii ..legal opinion that the "eeial use permit the city granted White -Bear Rod and Gun{ in August 1976 remains in "hull force and effect." The opinion was premented Ito council Monday and will be forwarded to the gun club's attorney. It was fbe gun club that originally requested the Pa � the gun chub will In his opinion, Johnson reviews the history of the gun -klub controversy, which dates back to 1974 when the While Bear Rod and Gun Club applied for and received a special sht ranuse ge at to 7032 0 operate Street. T1t:vT S11 -C IAL use per- tr;it Has later declared null and ti-oid P, September, 197s. It was replaced by a second special use. permit — the one Johnson reviewed in his opinion. The gun club issue was also fought in the courts, where Huge Electors Leading Progress: teamed up with the Minnesota Public Interest Research Group to fight the gun club. The issues were eventually heard by the Min- nesota Supreme Court.) UwO Johnson saysinhk opinion that the Second �is�conmr� atat tidied to the opinion he notes # at many of the m usbouli>; Obeed on the ;Ins per - a t.remain ir�� 7. - . Johnson states that 'Iff i - M 'Jon either stow or- in the future wo indicate a rouraa De Dosis foc r ew boa or twsvoca the special use tiennit." 971E ISSUANCE of the opl- nion should notbe`considened "in any way a waiver of any condition of violation that might exist at this time." Johnson adds. Addressing the issue of litigation and its effect on the special use permit, Johnson notes that the litigation was between private parties and the city was not directly in. i�oived.Attbed rseytiietrial Wef ts�c "anyproblenis`eit f Procedures or the conditions ere expressed, -With the ex- -"'W ;•6oeptuon that the Supreme >: indicateui :i}r Aieta; that the !'eSulati4n ..ttleisg;le�rtlit awns :in .the Ple yince..d the PCA -,and not .the city,-, Jalkutmon said:. i continues, sayitig that the provisions of the in;un�. tion do not negate the second special use permit or ha,, e any effect. to limit the injucic- tion granted by the court. Council did not discuss the opinion or the special use per- mit Monday. A commitment had been made to both sides of the dispute that they would be given advance warning of formal council discusson of the issue.