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<br />12D{.¿.w'"(cf It!r¿ I;J. <br /> <br />'¥ LAW OFFICES OF <br />PETERSON, BELL, CONVERSE & JENSEN, P.A. <br /> <br />Erwin A. Peterson <br />Robert C. Bell <br />Willard L. Converse <br />Roger A. Jensen <br />Kurt F. Walther <br />James C. Erickson* <br />David S. Anderson <br />Thomas D. McCormick* <br />Carol A. Baldwin <br />Scott B. Crossman <br />Caroline Bell Beckman <br />Cindy L. Davis <br /> <br />3000 Metropolitan Centre <br />333 South Seventh Street <br />Minneapolis, Minnesota 55402-2441 <br /> <br />Telephone (612) 342-2323 <br />Facsimile (612) 344-1535 <br /> <br />NOIUH SUBURBAN OFFICE <br />310 Rosedale Towers <br />1700 West Highway 36 <br />Roseville, MN 55113-4015 <br /> <br />December 7, 1994 <br /> <br />*Also admitted in WiscousiD <br />Dennis Welsch, Director <br />Community Development <br />City of Roseville <br />2660 Civic Center Drive <br />Roseville, MN 55113 <br /> <br />REPLY TO MINNEAPOLIS <br /> <br />Re: City of Roseville v. Charles Kadrie <br />Our File No. 1011.4 <br /> <br />Dear Mr. Welsch: <br /> <br />Enclosed please find a copy of the decision of Judge <br />Joanne Smith of Ramsey County District Court. As you can see she <br />has ruled against ùs and found that Mr. Kadrie acted properly in <br />putting in the second level deck. I believe the judge totally <br />ignored the cases of SLS Partnership v. City of Apple Valley, 496 <br />N.W.2d 429 (Minn. App. 1993) and County of Freeborn v. Claussen, <br />295 Minn. 96 (1972) which specifically held you cannot increase a <br />substandard use in any way. <br /> <br />Unfortunately in criminal matters the State can only <br />appeal a pretrial order. This was not a pretrial order, rather it <br />was a final order made on the merits of the case. Therefore, we <br />have no right to appeal this case. Interestingly, it appears the <br />judge may have ruled that way knowing we have no basis for appeal. <br />Obviously, if she ruled against Mr. Kadrie he would be able to <br />appeal and most likely would have appealed. <br /> <br />It seems to me the next procedure would be to bring a <br />civil action against Mr. Kadrie for an affirmative injunction <br />ordering him to remove the deck. Obviously you must consider the <br />cost of litigation. I do believe the above-mentioned cases are 100 <br />percent on our side and that the trial court in this case was <br />wrong. If you have any questions, please give me a call. <br /> <br />Very truly yours, <br /> <br />PETER~:N'." BEL,r.} Cq~\1E & ~SEN <br /> <br />11 1...(' / /6/~-- <br />Ct~ilf-te(l ~~~TI1an <br /> <br />/dl <br />Enclosure <br />cc: Robert C. Bell <br /> <br />.~. <br />