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Frederic W. Knaak* <br />f knaak c@klaw. us <br />Craig J. Beuning <br />cbeuning@klaw.us <br />*Also Licensed in <br />Wisconsin & Colorado <br />ado <br />*Qualified Neutral under Rule 114 <br />**Also Licensed in Iowa, <br />Federal Court of Claims, <br />& US Court of Appeals <br />Washington, D.C. <br />November 8, 2021 <br />Mr. Kurt Ulrich <br />City Administrator <br />7550 Sunwood Drive NW <br />Ramsey, MN 55303 <br />Attn: Senior Planner, Chloe McGuire Brigl <br />Of Counsel <br />Thomas M. Dailey, P.A. <br />(1943-2015) <br />Wayne B. Holstad** <br />Paralegal <br />BethAnn Hanson <br />bhanson@klaw.us <br />VIA ELECTRONIC MAIL <br />RE: Status of Trout Brook Rezoning <br />Dear Mr. Ulrich: <br />At your direction, I have asked to offer a formal legal opinion to the Planning Department <br />regarding the zoning status of the Trout Brook plat in the City of Ramsey. <br />Specifically, the correspondence from the Planning Department provided the following: <br />FACTS <br />"We have a contentious subdivision on a site zoned for 80 foot wide, 1/ acre lots. The <br />property was rezoned in 2011 and re -guided in our 2030 Comprehensive Plan to allow for <br />these types of lots. Everything we can find indicates that the property is in fact zoned for <br />these types of lots and was done so correctly in 2011 and has not changed since. It is also <br />guided as such in our 2040 comprehensive plan," <br />A copy of Ordinance #11-03 was provided, which adopted the zoning in 2011 and instructed <br />the City to "cause this amendment to be shown on the 'City of Ramsey Zoning Map' which <br />map was adopted pursuant to Section 117-90 of the City Code." <br />Apparently, there is some question as to whether an Affidavit of Publication can or has been <br />found, which would have been for one of two publications of the ordinance at that time. <br />ANALYSIS <br />This issue comes squarely under the provisions of Minnesota Statute §599.13., which <br />provides that once the ordinance was published as part of the City's code, it was prima <br />facie evidence of its validity for the first three years and conclusive proof of their validity <br />Telephone: (651) 490-9078 I Facsimile: (651) 490-1580 <br />4501 Allendale Drive I St. Paul, MN 55127 <br />