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Agenda - Council Work Session - 05/07/2013
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Agenda - Council Work Session - 05/07/2013
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3/18/2025 9:14:41 AM
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5/8/2013 11:33:03 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
05/07/2013
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City of Deerwood, Mary Kadlec, City Clerk <br />City of Cass Lake, Sue Uhrinak, City Clerk <br />1. Land Use Regulation <br />(CONFLICTS OF INTEREST! <br />When new matters come into the office, the firm's attorneys consult one another and run a <br />conflict check to assure no conflict of interest exists. A list of new matters is circulated weekly to all <br />attorneys. In the event a potential conflict of interest may exist, we promptly notify each client or <br />prospective client. If the firm reasonably believes that representation of one client will not adversely affect <br />the relationship with the other client, we will undertake representation only if both clients consent. If we <br />believe our representation of a client could be materially limited by our relationship with another client, we <br />will not represent the client, but will assist the client in finding adequate representation. Our goal in <br />identifying and resolving all conflicts is to maintain the loyalty present in all our client relationships. <br />Potential Conflicts: The firm presently represents over 100 public entities consisting of cities, <br />counties, townships, school districts and joint powers entities. We are not aware of any party that the firm <br />represents or has represented that would create a direct conflict of interest with our representation of the <br />City of Ramsey. This firm does not represent real estate developers. <br />MUNICIPAL EXPERIENC <br />DEVELOPMENT AND REDEVELOPMENT ISSUES <br />(218) 534 -3152 <br />(218) 335 -2238 <br />We have found that many of the more difficult day -to -day issues presented to municipalities relate <br />to land use or development issues. It is not unusual for agendas to be dominated by land use items. <br />Certainly land use issues can be high profile and politically challenging. We have the experience in both <br />providing general counsel on these issues as well as litigating them on behalf of municipalities. <br />For example, in Helgeson Brothers Partnership v. Douglas County, 2007 WL 4633395 (Minn. Ct. <br />App. 2008), we successfully defended our client's denial of a conditional use permit and variance <br />application after it was alleged that the county board misinterpreted a city zoning ordinance and violated a <br />developer's constitutional equal - protection rights. The denial ensured developers could not ignore <br />housing - density requirements from a city's zoning code. In In the Matter of the Cities of Annandale and <br />Maple Lake's Petition, 2005 WL 14915 (Minn. Ct. App. 2005), we persuaded the Appellate Court to <br />uphold our client's decision to both issue a conditional use permit for a wastewater treatment facility and <br />impose all of the conditions on that permit. The court agreed with our argument that our clients made a <br />sufficient factual basis to support the issuing of the permit over the objections of neighboring landowners. <br />In O'Brien v. Douglas County, 2005 WL 3291395 (Minn. Ct. App. 2005), the Appellate Court affirmed <br />our denial of a variance request from a zoning restriction concerning filtration and water runoff in a <br />residential shoreland district. <br />4 <br />
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