Laserfiche WebLink
<br />JUL.15'2002 17:04 952 941 7968 <br /> <br />HOFF BARRY KUDERER <br /> <br />#1292 p.006 <br /> <br />"- <br /> <br />"'-.- <br /> <br />DECLARArORYJUDGMrnMT <br /> <br /> <br />21. Roselawn incorporates aU of the nllegations of Paragraphs 1 . 20 above as if fully set <br /> <br /> <br />.forth herein. <br /> <br />22. An actual and bona fide justiciable controversy within the jw:isdictjon of this Court <br /> <br /> <br />exists with respect to the matters disputed between the parties to this action. <br /> <br />23. The actual and bona. fide controversy is whether Roselawn's CUP application 'W\lS <br /> <br /> <br />improperly denied by the City. <br />24. This controversy arose upon the City's improper dernal of Rosel awn 's CUP application. <br /> <br />25. The City's denial of Rosel awn's CUP applieation was improper because it was Cl!bitrary <br /> <br />and capricious, md not supported by appropriate findings ns required by Section 1013.01.0 of the <br /> <br /> <br />City'~ Zoning Ordinance. <br /> <br /> <br />26. As a result of this impropet denial. Roselawn has been and continues to be una.ble to <br /> <br /> <br />begin construetion on the proposed Crematorium, and is suffering ongoing damages due to its inability <br /> <br /> <br />to utili2:e the proposed Crematorium. <br />WHEREFORE, Plaintiff Roselawn Cemetery respectfully requests that this Court: <br />(A) Declare th~t the City's denial of Rosel awn's CUP application was arbitrary and capricious <br />and. not sUpported by the factual record before the City, as required by Section 1013.01.D oflhe City's <br />Zoning Ordinance; <br />(B) Order de:f~da.nt City of Roseville to immediately approve Roselaw;n's CUP applicatio in <br />full; and <br /> <br />HC4~OS4f IDII/2(Cj$%45~.YI 6fljf.tOO:Z <br /> <br />5 <br /> <br />