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CCP 06-08-1987
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CCP 06-08-1987
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<br /> . ~ <br /> - <br /> STRINGER. COURTNEY & ROHLEDER, Ltd. <br /> . ATTORNEYS AT LAW <br /> 1200 NDRWE5T CENTER TOWER <br /> VINCENT P. COURTNEY 55 EAST FIFTH STREET AREA ceDE 612 <br /> RICHAf'i'O A_ ROHL.EDER TELEF>HONE 227-7784 <br /> HARRY T. NEIMEYER SAINT PAUL. MINNESOTA 551DI-1788 <br /> A..JAME'" DICKINSON <br /> .JAMES 5. LYNDEN <br /> OWEN L.50REN50N . <br /> ROBERT W. PLUNKETT, .JR. <br /> VINCENT...1. COURTNEY 11;11" COUNSEL <br /> - <br /> PHILIP STRINGER (rlli',",,) RICI-IARO T. KAV"'NEY <br /> ARTHUR ..I. DONNELLY (.'1ire<l) 2, 1987 <br /> June <br /> Mayor Woodburn <br /> and Council Members Hanson, Winiecki, <br /> Sather and Hicks <br /> Arden Hills City Hall <br /> 1450 West Highway 36 <br /> Arden Hills, MN 55112 <br /> Re: Discharge of Easement at Lindey's Triangle <br /> Dear Mayor and Council Members: <br /> I just received the decision of Judge Fleming relating <br /> to discharge of the highway easement of Lindey's Triangle. I <br /> . provide you with a copy of the Judge's decision. The Court <br /> decided that the entire.parcel is still subject to the highway <br /> easement and that the parcel is still being used for highway <br /> purposes. The use of the parcel for occasional recreational <br /> use or softball play is consistent with its use for highway <br /> purposes. <br /> The City is thus in the position that it has the luxury <br /> of contemplating whether to abandon the condemnation proceeding. <br /> As I pointed out to you in our prior discussions, the City has <br /> the legal option to abandon a condemnation proceeding within <br /> a reasonable time after the commissioners file the award. We <br /> ffive had tM:> days of commissioners' hearings but to date have not <br /> received their award. The commissioners have until June lO in <br /> which to file their award. I also pointed out to you the City <br /> would have the obligation to pay the attorney's fees of the-' <br /> Kenna's attorney along with the fees of the commissioners if <br /> we abandon the condemnation. The reason why the condemnation <br /> might want to be abandoned is that the City would have the continued <br /> beneficial use of the area as open space without having to pay <br /> for its purchase. <br /> There is a need for the council to recognize that Ramsey <br /> County would have the option to release a part of the parcel <br /> for development if the Board of Commissioners so decide. Back <br /> in 1982 there was a preliminary 4 - 3 vote by the Ramsey County <br /> . Board of Commissioners authorizing a partial release of the <br /> easement. Since then the County has taken the position that <br /> if the City wants to preserve the parcel as an open space that <br /> the County would accept the City's decision. In talking to <br /> ----- <br />
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