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C <br /> • <br /> STATE OF MINNESOTA CONDEMNATION <br /> COUNTY OF HENNEPIN DISTRICT COURT <br /> • FOURTH JUDICIAL DISTRICT <br /> The County of Hennepin, ) <br /> ) <br /> Petitioner, ) MEMORANDUM IN SUPPORT OF <br /> • ) HENNEPIN COUNTY'S MOTION FOR - <br /> vs. ) PARTIAL SUMMARY JUDGMENT <br /> ) <br /> H. William Lurton, et al., ) Parcel 29 <br /> ) <br /> • Respondents. ) D.C. File No. CD-2485 <br /> C.A. File No. 98-0063 <br /> FACTS <br /> • <br /> The chronology of events in this matter as well as the underlying facts <br /> are uncontested. In 1972, a plat titled "Mark One," was approved and filed. The <br /> • <br /> boundaries of Mark One are identical to those of Parcel 29 in this action. Exhibit 1. <br /> Blocks 1, 2 and Outlot A constituted Mark One. Block 1 included three lots adjacent <br />• to County State Aid Highway (CSAH) 6, each of which had an area of greater than <br /> one acre. Block 2 included three lots fronting Watertown Road. These lots also <br /> exceeded one acre in area. A short cul-de-sac road denoted as Outlot A ran <br />• <br /> between Blocks 1 and 2. At the time the Mark One plat was filed, the Orono zoning <br /> code permitted the development of single family residences in this zoning district on <br />• one-acre lots. <br /> On January 1, 1975, as part of a comprehensive zoning overhaul, Orono <br />• changed the minimum lot size in this area to five-acre lots. At that time, no <br /> development had been begun on Mark One. <br />• App. Page 4 of 35 <br />