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82-046
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82-046
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5/8/2007 1:07:27 PM
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<br />MR. STEILEN: Yes, and we do advise our clients that. We <br />have developing cities - (inaudible), Minnetrista - and some re- <br />developing cities - St. Louis Park - and we are very careful about <br />those kinds of issues. <br /> <br />. <br /> <br />COUNCIL~Ulli MULCAHY: Would it be your position that if this <br />special assessment should be deemed to be in excess of the benefit <br />that you would, therefore, have the right to punitive damages <br />against the Council and the City? <br /> <br />MR. STEILEN: Under 1983, we would potentially have that <br />right. Whether we would choose to exercise it or not depends on <br />the wishes of my clients and I have not asked them since that is <br />so far off, if it's going to occur at all, and frankly we didn't <br />come into the meeting with the idea of threatening and waving <br />shotguns and so on. As Mr. Colestock said, we came to try and <br />work things out and arrange meetings and so on, but to very <br />firmly take our stand and it is not our intent to concentrate on <br />threats. It is our intention to try and work things out and if <br />we can't, we'll take our appeal and, as Mr. Popovich said, we'll <br />let the courts work it out. <br /> <br />MAYOR WOODBURN: (Inaudible) we're trying - with some back- <br />ground too - figure out what is equitable. I guess our point is <br />that equitability changes depending on where you are. <br /> <br />MRS. KENNETH BOSS, 1315 Red Fox Road: I would like to say - <br />Mr. Popovich said it depends on if the property is really aided <br />by this thing. Mr. Christoffersen showed that holding thing there <br />now that comes right down through our property, the same as it <br />always did, only that you dug it deeper and dug it wider and <br />didn't tell us you were going to do it. You said you were going <br />to remove the weeds from our little stream that went through our <br />property, so our property has been damaged by it. Nothing else <br />has changed - only they're (inaudible) back of us there and <br />draining it right all down through our property with no pipe. <br />It would come through this ditch that they dug later. We're not <br />industrial like they are. <br /> <br />MAYOR WOODBURN: I was wondering about that. Have they <br />widened that ditch or did they . . . <br /> <br />. <br /> <br />MRS. BOSS: They widened it, they knocked down some of our <br />trees. We asked them special and Mr. Townsend said no - we're <br />only going to take the leaves out. It's widened, it's deeper, <br />there are big banks on each side of it and some of our trees are <br />missing. Was everybody notified that this big thing was going to <br />be built back there? We've never had one bit of notice about it, <br />until we got the notice to come to this meeting. Mr. Townsend <br />said there was going to be no charge for taking these leaves out <br />of our stream. That's where we are and we have an assessment <br />for $4755 on our acre and a half. <br /> <br />MAYOR WOODBURN: You are the owners of your property - <br />it's in your name? <br /> <br />MRS. BOSS: Yes. <br /> <br />20 <br />
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