Agenda - Council - 05/28/1996 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I STATE OF MINNESOTA COUNTY OF ANOKA 'FILED PATRICK MCLAFFERTY, Plaintiff, DISTRICT COURT TENTH JUDICIAL DISTRICT VS. CITY OF RAMSEY, MUNICIPAL CORPORATION AND A POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA, FINDINGS OF FACT, CONCLUS;(ONS OF LAW, AND ORDER Court File No. CO-96-414 Defendant. The above-entitled matter came on for hearing the 16th day of February, 1996, before the undersigned Judge of District Court upon the parties' respective motions for summary judgment. Plaintiff was represented by Stephen H. Munstenteiger. Defendant was represented by William K. Goodrich. Based upon the arguments of counsel, and all the files, records and proceedings herein, the Court makes the following: FINDINGS OF FACT 1. Plaintiff seeks summary judgment in plaintiff's favor against the defendant finding that th~ defendant's denial of a Conditional Use Permit was arbitrary and without any legal basis, and that the defendant be compel[ed to issue a Conditional Use Permit to the Plaintiff. 2. Defendant seeks summary judgment as to all claims made by the plaintiff, and to have all claims brought against defendant by plaintiff dismissed with prejudice and on the merits. 3. The City of Ramsey is a municipal corporation and a political subdivision of the State of Minnesota, located in Anoka County. 4. Ramsey has adopted a municipal Comprehensive Plan as authorized by Minnesota Statutes Section 462. Pursuant to the municipal plan, Ramsey has adopted zoning and subdivision ordinances; these zoning ordinances are codified as Chapter 9 of Ramsey's City Code ("zoning ordinance").