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old, rotten wood <br />urposes, nor <br />sing and <br />irt under it. <br />ng it was <br />T did net <br />evel 1 i ng l5acK <br />give some break <br />n estimated cost <br />cavator*8 <br />OU.1 d w i th <br />rdinance, <br />hese circumstances, <br />with the <br />ce me to <br />reme hardship. <br />If my request <br />citation and <br />een doing it <br />ct my interests. <br />ur MlNrJESOTA <br />I <br />COUMTY OP HENNEPIN <br />MUNICIPAL COURT <br />third division - WAYZATA <br />State of Minnesota, <br />Plaintiff <br />V. <br />Stewart R. Perry, <br />NOTICE OF MOTION <br />and <br />Defondant MOTION <br />voo WILL PLEASE TAKE NOTICE that the defendant above-named <br />will bring on for hearing before the above-named Court the <br />attached Motion, said Motion to be heard and submitted at the <br />ta,me of trial on the 18th day of January, 1977, at the Courthouse, <br />Wayzata, Minnesota, or as soon thereafter as counsel can be heard. <br />MOTION TO DISMISS <br />I <br />comes now the defendant above-named and respectfully moves ' <br />â– the Court for its Order dismissing the charge herein. <br />Said Motion is based upon the following grounds: <br />|1. The ordinance in question (31.700) is violative of the fifth <br />and fourteenth Amendments to the Constitution of the Uni.ted, <br />States in the following respects: <br />i: <br />I (a) It is an unwarranted intrusion into the property <br />rights of defendant, <br />(b) It is overbroad in its scope. <br />I, <br />(c) It is so unreasonable in its breadth that it is <br />impossible of compliance and enforcement. <br />t <br />(d) It is an arbitrary and capricious exercise of <br />r{'power. <br />fI <br />2. Defendant was denied a reasonable regue-t ,r.cjucoc for a postponement <br />of the hearing, thus depriving him of a fair hearing. <br />I This Motion will be based upon the testimony and exhibits <br />presented at trial. <br />Respectfully submitted.