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<br />Page 1 ofl7 <br /> <br />STATE OF MINNESOTA <br /> <br />DISTRICT COURT <br /> <br />COUNTY OF HENNEPIN <br /> <br />FOURTH JUDICIAL DISTRICT <br /> <br />Bradley A. Hoyt <br />and Continental Property Group, Inc., <br /> <br />Plaintiff, <br /> <br />FINDINGS OF FACT, <br />CONCLUSIONS OF LAW, <br />AND ORDER <br /> <br />v. <br /> <br />Case File No. 27-CY-07-5826 <br /> <br />City of Minneapolis, <br /> <br />Defendant. <br /> <br />The above-entitled matter was tried to the Court on June 8-12, 23 and August 3-4, 2009 with the parties making <br /> <br />closing arguments on August 25, 2009. William R. Skolnick and LuAnn M. Petricka appeared on behalf of Plaintiffs <br /> <br /> <br />Bradley A. Hoyt and Continental Property Group, Inc. ("Plaintiff'). Charles N. Nauen and Gregory J. Myers appeared <br /> <br />on behalf of Defendant City of Minneapolis. <br /> <br />In addition to documentary evidence, the Court heard testimony from witnesses, including Plaintiff s architect <br /> <br />Paul Mellblom ("Mellblom") from the Meyer Scherer & Rockcastle firm; Plaintiff Bradley Hoyt ("Hoyt"); Minneapolis <br /> <br />City Council Members Lisa Goodman ("Goodman"), Paul Ostrow ("Ostrow"), Gary Schiff ("Schiff'), Daniel Niziolek <br /> <br />("Niziolek") and Council President Barbara Johnson ("Johnson"); City staff member Douglas Kress ("Kress"), <br /> <br /> <br />Community Planning and Economic Development ("CPED") staff member Rebecca Farrar ("Farrar") and CPED <br /> <br />Deputy Director Charles Lutz. Portions of deposition transcript testimony from several other witnesses were also <br /> <br />submitted, including former CPED Director Lee Sheehy, CPED staff members Jack Byers and Hilary Dvorak, Planning <br /> <br />Commission member Michael Krause, neighborhood organizer Scott Mayer ("Mayer"), Citizens for a Loring Hill <br /> <br />Community coordinator Jana Metge ("Metge"), and Joseph Bagnoli, an attorney associated with another project. <br /> <br />Based upon the evidence adduced, the argument of counsel, and all of the files, records, and proceedings herein, <br /> <br /> <br />and for the reasons stated on the record, the Court makes the following: <br /> <br />ORDER: <br /> <br />1. Plaintiffs equal protection claim is DISMISSED. <br />2. Plaintiffs substantive due process claim is DISMISSED. <br />3. Plaintiffs has established its procedural due process claim. Plaintiff was denied a fair hearing on its appeal by <br />the Zoning and Planning Committee and, subsequently, by the City Council. <br />4. The Court shall reconvene on September 29-30,2009 to receive evidence on the issue ofremedies and damages. <br />5. The attached Memorandum in incorporated herein and made a part hereof. <br /> <br />http://www.minnlawyer.comluserfiles/pdf/Order..1020(Final).htm <br /> <br />9/17/2009 <br />