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LAW OFFICES OF PETERSON, BELL, CONVERSE & JENSEN, P.A. Erwin A. Peterson Robert C. Bell Willard L. Converse Roger A. Jensen Kurt F . Walther James C. Erickson*t Carol A. Baldwin Caroline Bell Beckman Mitchell W. Converse 3000 Metropolitan Centre 333 South Seventh Street Minneapolis, MN 55402-2441 Telephone (612) 342-2323 Facsimile (612) 344-1535 NORTH SUBURBAN OFFICE 310 Rosedale Towers 1700 West Highway 36 Roseville, MN 55113-4015 January 26, 1996 REPLY TO MINNEAPOLIS Mr. Steve Sarkozy City Manager City of Roseville 2660 Civic Center Drive Roseville, Minnesota 55113 Re: Claimant: Our Pile No.: Charles :Kadrie 1011.124 Dear Steve: Confirming my phone discussion with you, Judge Flynn did enter an order for judgement which is completely in our favor, finding that the partially completed deck is in violation of the Shoreland Management Ordinance and of the Zoning Code, and that plaintiff must remove it. I don't know whether plaintiff will appeal or not. A copy of the complete Findings of the judge and a copy of my letter to his attorney is enclosed. He has ninety days from entry of judgement to appeal. A word about Finding no. 12, holding that the previous criminal matter is not a bar to Roseville's present civil action. It might superficially appear as if two judges did opposite things. But that isn't so. Judge Smith (who had the criminal trial) was required to construe the ordinance strictly against Roseville, was prohibited from considering the policy factors involved (ecological and aesthetic considerations that are at the core of the Shoreland Management Ordinance), and had to find beyond a reasonable doubt that the on grade patio deck was not an appurtenance. All those things make it a sometimes difficult task to win one of these cases on a criminal basis. In this civil case, the court rightfully * Also Admitted in Wisconsin tCivil Trial Specialist, Certified by the Civil Litigation Section of the Minnesota State Bar Association.