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<br />March 5, 2007 <br />Page 5 <br /> <br />This provision is consistent with the type of judicial review that occurs in the area of <br />land use decisions. As has been stated in dozens of zoning cases in our courts, the standard <br />rule is that when there is a full and complete record of the proceedings below, that the court <br />hearing an appeal will only consider the evidence that is a part of the record below. Under <br />those circumstances, no additional evidence may be offered by the paliies. I have district court <br />orders in cases refusing to allow additional evidence to be submitted at the trial court level. By <br />way of example only, Council members could refer to Kimmel v. Township ofRavenna, 2005 <br />WL 3372716 (Minn. App. 2005)(unpublished) as an example of this legal principle. <br /> <br />Hopefully, this short analysis will be of some assistance in future deliberations on <br />proposed amendments to Code Section 1014.04. <br /> <br />Very truly yours, <br /> <br />Scott T. Anderson <br /> <br />ST A/sem <br /> <br />RRM: #] 02764 <br />