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July 29, 1987 <br />Page Three <br /> <br />and the Metropolitan Council issues a certificate of need for the <br />new landfill. Minn. Stat. § 473.811 subd. 4a (1986) provides in <br />relevant part: <br /> <br />"Except as provided in this subdivision, a <br />metropolitan county may acquire a site and buffer <br />area for a solid waste disposal facility anywhere <br />within the county without complying with local <br />ordinances, if the action is approved by the <br />council as being taken pursuant to the policy plan <br />and the development schedule adopted under section <br />473.149, subdivision 2e, and the provisions of <br />section 473.833, and the county may establish and <br />operate or contract for the establishment or <br />operation of a disposal facility at the site <br />without complying with local ordinances, if the <br />council certifies need under section 473.823, <br />subdivision 6." <br /> <br /> 4. The ordinance would constitute a compensible takin~ from <br />WMMI. The application of the proposed ordinance to preclude <br />WMMI's landfill operations, whether in an expansion or in a <br />future landfill at Site P, would constitute a regulatory taking <br />of WMMI's property which would be compensible under the recent <br />decisions of the United States Supreme Court. See First English <br />~van~elical Lutheran Church of Glendale v. County of Los _Angeles, <br />U.S. Sup. Ct. File No. 85-1199 (June 9, 1987). <br /> <br /> We appreciate the City's consideration of these comments and <br />urge the City not to adopt the proposed ordinance for the reasons <br />set forth in this letter and our letter of March 13, 1987. <br />Please indicate on the enclosed copy of this letter the date of <br />its official receipt into the record for the proposed ordinance <br /> <br /> <br />