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<br />May 3, 2006 <br />Page 6 of6 <br /> <br />What this means is that both the state and the city can impose penalties for the same conduct. <br />The statute specifically says that. In my opinion, the legal arguments that have been set forth <br />above would have very little, if any, effect on a proceeding before the State given the clear <br />language of Minn. Stat. 9 340A.4l5. Therefore, an option that the City Council has is to refer <br />these three violations to the State for further review and the imposition of possible further <br />penalties. <br /> <br />I hope the above assists the Council in its deliberations. I will be available for further <br />questions at the time of the Council meeting. <br /> <br />Very truly yours, <br /> <br />Scott T. Anderson <br /> <br />STAlcos <br /> <br />RRM: 90786 <br />