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2007_0326_packet
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2007_0326_packet
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1/10/2012 12:38:43 PM
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8/26/2009 3:20:48 PM
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Roseville City Council
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Council Agenda/Packets
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March 5,2007 <br />Page 5 <br />This provision is consistent with the type ofjudicial review that occurs in the area of <br />land use decisions. As has been stated in dozens of zoning cases in our courts, the standard <br />rule is that when there is a��I� and complete record of the proceedings below, that the court <br />hearing an appeal will only consider the evidence that is a part of the record below. Under <br />those circumstances, no additional evidence may be offered by the parties. I have district court <br />orders in cases refi�sing to allow additional evidence to be su��ii.��d at the trial court level. By <br />way of example only, Council members could refer to �xA����e� v. xawz�s�zt� of Ravenna, 2005 <br />�V�., 3372716 (Minn. App. 20n5}(unpublzsh�d) as an example of this legal principle. <br />Hopefully, this short analysis will be of some assistance in ��z�e deliberations on <br />proposed amendments to Code Section 1014.04. <br />Very truly yours, <br />Scott T. Anderson <br />���r�� �� �x� <br />1?RM: #1Ei2764 <br />
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