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<br />· t 1 f <br />, .- /:' . ~~ <br />l ' ....;. ! <br /> <br />STATE OF MINNESOTA <br /> <br />DISTRICT COURT <br /> <br />COUNTY OF RAMSEY <br /> <br />SECOND JUDICIAL DISTRICT <br /> <br />Court File No. CX-95-2628 <br /> <br />Charles Kadrie, <br /> <br />Plaintiff, <br /> <br />vs. <br /> <br />PINDINGS OF FACT, <br />CONCLUSIONS OP LAW AND <br />ORDER FOR JUD~'"T <br /> <br />State of Minnesota <br />City of Roseville, <br /> <br />Defendant. <br /> <br />The above-matter came on for court trial before the under- <br /> <br />signed on January 16, 1996. <br /> <br />Dennis Smith, Esq. appeared for plaintiff and Willard T.I. <br /> <br />Converse appeared for defendant. <br /> <br />The parties, through their attorneys, presented the case by a <br /> <br />written stipulation of facts and documents. <br /> <br />After hearing the arguments of counsel and upon review of the <br /> <br />entire file, the court now makes the following: <br /> <br />FINDINGS OF PACT <br /> <br />1. Plaintiff's single family home is located at 1281 <br /> <br />Josephine Road, Roseville, Minnesota, and is a lake shore lot on <br /> <br />- <br />Lake Josephine, built in 1967 and first occupied by the Kadrie <br />family in 1975. The lot slopes down toward the lake so that there <br /> <br />is a walk-out basement and the first floor on the lake side is well <br /> <br />above-grade. <br /> <br />2. As constructed and \.¡hen first occupied by the Kadrie <br /> <br />faI11ily, the home was 37 feet from the shore line. An above-grade <br /> <br />deck, affixed to the home on the lake side was 26 feet, 6 inches <br /> <br />.-' <br />