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I <br /> I <br /> I <br /> I <br />I <br /> I <br /> I <br /> I <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br />Mr. Gregerson feels it is a viable law action in which the City of Ramsey <br />has a 50/50 chance of winning. He stated that it would be an expensive <br />]aw suit but he does feel this is a case that can be sustained. He <br />further stated that the Fiscal Disparities distribution formula is very <br />col~]~ex and is being challenged in other states. The two major problems <br />are the grandfather provision and the minimum/maximum amounts. He stated <br />that R~msey's argt~nent in court would be that the City of Ramsey is being <br />denied equal protection under the law. Mr. Gregerson feels this case <br />would not get on the court calendar until the Spring of 1983. In the <br />meantime, if statutes are changed to be more equitable, the City of <br />Ramsey could stop action. Mr. Gregerson's firm is not interested in <br />taking the case of Ramsey is not going to follow through with it. He <br />feels the City of Ramsey should not use the law suit as a threat tactic <br />and Ramsey should stop action only if legislation is changed to be more <br />equitable. <br /> <br />City Attorney Goodrich stated that in all reality, Ra~mey's cost could be <br />anywhere from $5,000-$10,000 just to get into court. <br /> <br />R~ichard Rosow stated that if other parties intervene in the law suit, <br />and in this case they more than likely will, it creates more work and <br />the costs w~.]l go up. <br /> <br />Mr. Gregerson recommended that the City of Ramsey come up with some <br />co-plaintiffs to share the legal fees and give the law suit more force. <br /> <br />Motion by Councilmember Van Wagner and seconded by Councilmember Reimann <br />to retain the ].aw firm of Lang, Pauley and Gregerson, Ltd., to draft a <br />Summons Complaint in order to bring a law suit and whatever other action <br />necessary to constitutionally challenge the State Aids Formula Statute. <br />In addition, this law firm will work with Ramsey City Attorney regarding <br />this matter. Lang, Pauley and Gregerson shall be paid on the basis of <br />$75.00/hour for partner time expended and $65/hour for associate time <br />expended. Periodic status reports will be given to the Council as <br />requested and at any time during the period of work on the law suit, <br />the City Council may terminate the services of Lang, Pauley and <br />Gregerson. <br /> <br />Further discussion: Councilmember Van Wagner inquired if taking legal <br />action now would restrict any further progress from being accomplished <br />by Mayor Gamec and Mr. Schnelle in regards to the fiscal disparities act. <br /> <br />City Attorney Goodrich replied that in a situation like this, Ramsey <br />has no secrets they are trying to conceal until court. <br /> <br />Mr. Gregerson's advised that all discussions in regards to fiscal <br />disparities be characterized as settlement discussions. <br /> <br />Mr. Rosow - £ntit~ suing entity does not impede a relationship as much <br />as individual suing individual. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cox, Reimann, <br />Sorteberg. Voting No: Councilmember Van Wagner. <br /> <br />Recess at 9'00 P.M. <br /> <br />Sp C/January 4, 1982 <br /> Page 2 <br /> <br /> <br />