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''" JUN 14 2006
<br />OAH 2-0330-16644-2
<br />STATE OF MINNESOTA
<br />OFFICE OF ADMINISTRATIVE HEARINGS
<br />FOR THE MUNICIPAL BOUNDARY ADJUSTMENT UNIT
<br />In Re the Petition of Bryan Hansen
<br />and Robert Hansen, for the Concurrent FINDINGS OF FACT,
<br />Detachment and Annexation of Certain CONCLUSIONS OF LAW,
<br />Land pursuant to Minnesota Statutes, AND ORDER
<br />Section 414.061 (D-417) (A-7228)
<br />The above -entitled matter came on for hearing before Administrative Law
<br />Judge Raymond R. Krause at 8:30 a.m. on Wednesday, May 10, 2006, in
<br />Courtroom 3 of the Office of Administrative Hearings, 100 Washington Avenue,
<br />Minneapolis, Minnesota. The hearing continued on two subsequent days and
<br />ended on May 12, 2006. The hearing was recorded on tape. The final written
<br />memorandum was received on May 22, 2006 and the record closed on that date.
<br />Edward W. Gale, Esq., of the firm of Leonard, O'Brien, Spencer, Gale &
<br />Sayre, 100 S. Fifth Street, Suite 2500, Minneapolis, MN 55402, appeared
<br />representing the City of Gem Lake. Harry T. Niemeyer, Esq., of the firm of
<br />Stringer & Rohleder, 1200 Fifth Street Center, 55 East Fifth Street, St. Paul
<br />Minnesota 55101, appeared on behalf of Petitioner Bryan Hansen. Timothy W.
<br />Ridley, Esq., of the firm of Meagher & Geer, 33 S. Sixth Street, Suite 4200,
<br />Minneapolis, Minnesota 55402, appeared representing Petitioner Robert Hansen.
<br />Caroline Bell -Beckman, Esq., of the firm of Jensen, Bell, Converse & Erickson,
<br />P.A., 1500 Wells Fargo Place, 30 East Seventh Street, St. Paul Minnesota,
<br />55101 appeared representing the City of Vadnais Heights.
<br />STATEMENT OF ISSUE
<br />The issue in this proceeding is whether or not the Petition for Concurrent
<br />Detachment and Annexation should be granted or denied based upon the factors
<br />set out in statute.' The ALJ finds that the Petition should be denied.
<br />Based upon all of the testimony, exhibits and the record in this
<br />proceeding, the Administrative Law Judge makes the following:
<br />Minn. Stat. §§ 414.061, 414.02, subd. 3.
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