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<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 />STIPULATION OF <br />UNDISPUTED FACTS <br /> <br />State of Minnesota <br />City of Roseville, <br /> <br />Defendant. <br /> <br />INTRODUCTION <br /> <br />This action arises from disputes between the parties arising <br />out of construction of an above ground deck by Plaintiff which <br />Defendant alleges to be in violation of the Roseville Shoreland <br />Management Ordinance. The City originally prosecuted the Plaintiff <br />on criminal charges, and Plaintiff was acquitted. The Plaintiff now <br />brings a cause of action for a Declaratory Judgement Action to <br />construe the terms of the Roseville Shoreland Management Ordinance. <br />The Defendant has denied Plaintiff's complaint, and has asserted <br />its Counterclaim for a Declaratory Judgement and Mandatory <br />Injunction. The Plaintiff has dismissed its claim for monetary <br />damages, and all further claims are properly before the court. <br /> <br />STIPULATION <br /> <br />A. On May 13, 1994, Mr. Charles Kadrie, one of the joint tenants <br />in possession of the residential property at 1281 Josephine Road, <br />Roseville, Minnesota 55113, received two separate misdemeanor <br />citations: <br /> <br />1. <br /> <br />Set-back violation, <br />18.100(16) of the <br />Ordinance and; <br /> <br />allegedly in violation of Section <br />Roseville Shoreline Management <br /> <br />2. Substandard use violation, allegedly in violation of <br />Section 18.250 of the Roseville Shoreline Management <br />Ordinance. <br /> <br />B. On November l4, 1994, the Honorable Joanne Smith entered an <br />Order that Roseville had not proven beyond a reasonable doubt that <br />