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2005_1121_Packet SS
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2005_1121_Packet SS
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5/12/2014 2:08:23 PM
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9/14/2009 10:10:24 AM
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Roseville City Council
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Council Agenda/Packets
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stray too far fivlll the coill�nissioner award unless you can convince the jury the <br />coinnussioners really made a mistake. <br />�S� After the j�lzy n1��Ces its award a��d the judge enters judgment based on that award, _ <br />either party may appeal that jud�n�ent to the �i�ulesota Court of Appeals. That _ <br />appeal, however, is based exclusively on the record created at the triaL There is - <br />i�a ne�v trial; it is simply arguments £zo�xi. tZ�e attorneys about enors of law they _ <br />believe may have been made during the trial which they would argue necessitates -- <br />a new trial. - <br />Ill this Memorandum I have shown tl�e appeal to the Court of Appeals occurring after the trial. _ <br />That would be an appeal of tl�e actual amount awarded. If the land owner wishes to contest the - <br />order of the cpui-� granting the City's petition on the grounds that there is no public purpose, that _ <br />appeal would occur after the Paragraph 3 procedure when the court issues its initial order. Such - <br />an appeal would ge«erally delay the condenlnatiozl process by a ti�ne�ra��7e of 8 to 12 months. If �_ <br />the City wished to proceed with its project during that appeal, the City could pay to the property - <br />owners or deposit in the court administrator's office, the amount that the City appraisal has - <br />shown the property to be worth. That deposit ca�l be made any tuue� after 90 days has expired _ <br />fra��� the time we have sez��ed the property owners with notice of our intention to proceed under - <br />this "quick take" process. _ <br />With regard to an early appeal, or an appeal after the trial before the judge and jury, either party ._ <br />can request that the Court of Appeals' decision be reviewed by the S���xe�e Court. Unlike the <br />appeal from the trial court to the Cout�k of Appeals, an appeal to the Supreme Court is not a <br />matter of right. You must petition the Supreme Court ar�d tell tl�enl why your appeal is important <br />and deserving of their consideration. T�ae Supreme ��v�,.�� only accepts about 20 percent of the <br />requests for appeal that are filed with it. <br />Hopefully this Memorandum will provide you with some reasonable understanding of a process <br />that can get complicated and c«mbez�soi�ie, We have not attempted to include ii� this <br />Memorandum every conceivable twist and :�i. : that any litiga�ion could take and will be m��e <br />than happy to answer any additional questions that you have. Tl�a��1t. you. <br />Very truly yours, <br />��RASS MONROE, P.A. <br />Phillip R. Krass <br />Attorney at Law <br />Pt�.i�:�p n <br />G''1'f D t ��i�R 9n75�'=4�•CJQ�fE�kk^4 7��•5L'Cih �,�6�F{'[�,,'37ClL PFX : 6C}C <br />
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