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• <br /> • CONCLUSION <br /> The Orono City Code as well as applicable case law compel the conclusion that Parcel <br /> 29 must be valued, for the purposes of this eminent domain action, as dividable into a <br /> • <br /> maximum of two five-acre lots. For the reasons stated above as well as the arguments of <br /> Appellant in the Hennepin County District Court (See Appendix at 4), Appellant Hennepin <br /> County maintains that this matter should be remanded to the District Court for trial. The trial <br /> court should be required to instruct the jury that the 1972 plat does not permit Respondents to <br /> develop this land as six buildable lots but rather, that the Orono City Zoning Ordinances <br /> • <br /> dictate the development potential of this property. As such, the taking in this matter should be <br /> valued as though this property's highest and best use is for development as two single-family <br /> • residential lots. <br /> Respectfully submitted, <br /> AMY KLOBUCHAR <br /> Hennepin County Attorney <br /> By: • <br /> Lisa A. Berg (120807) <br /> Assistant County Attorney <br /> Attorneys for County of Hennepin <br /> A2000 Government Center <br /> Minneapolis, MN 55487 <br /> Telephone: (612) 348-8574 <br /> • Dated: July 6, 2000 FAX No: (612) 348-8299 <br /> • <br />• 16 <br />