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<br /> <br />FREDRIKSON & BYRON <br /> <br />A PROFESSIONAl. ASSOCIATION <br /> <br />Mr. James F. Andre <br />September 9, 1987 <br />page 2 <br /> <br />Your understanding of costco's interest was incorrect, <br />however, Though Indianhc~d engaged in negotiation with Costco <br />regarding a pur.chase of the prop~rty, no purchase agreement was <br />ever executed by the parties. cost co never owned the relevant <br />property: it had neither a legal nor an equitable interest in <br />Indianhead's property. Therefore, the city Council's action to <br />rezone the property based on costco's application was improper <br />and based on the faulty premise that Costco had an interest in <br />the land. <br /> <br />In a letter addressed to you from Robert C. Bell, city <br />Attorney, dated June 10, 1987, Mr. Bell gave his opinion that <br />the city Council has the power to rezone land without a <br />petition signed by the primary owner of the land. We do not <br />necessarily dispute Mr. Bell's opinion; however, in this case <br />the city di~ not provide statutory due process for a <br />City-initiated rezoning. The notice of public hearing <br />expressly stated that the Planning Commission was to consider <br />the costco request for a zoninq amendment, not a request by the <br />city of R02eville. <br /> <br />In view of the ~act that the property was rezoned based <br />upon erroneous information and without proper due process for a <br />city-initiated rezoning, we request that the City Council <br />nullify Ordinance No. 1001 and immediately restore the property <br />to its I-I zoning. <br /> <br />MSR:BGF:skj <br /> <br />~s:;~erelY'j~! /' <br />7 f j'v;C' 'b.. ......, . / -. vc..-4J~ <br />M y Ranum <br /> <br /> <br />, <br /> <br /> <br />cc: Lester A. Wilsey, Jr. <br /> <br />