Laserfiche WebLink
Mayor Wm. Brad Van Nest July 8, 1980 <br />Page 5 <br />Judge Nicholson, who ruled that Resolution 851 <br />was valid, made several errors in his judgment. <br />One of these errors was, as he stated, "The <br />easements over the Becker and Rhode properties <br />were granted without Orono Council approval and <br />are of dubious validity" (Paragraph 23, page 4). <br />It is my understanding that Mr. Malkerson, attor* <br />ney for the City of Orono, approached my attorney, <br />Mr. Rice, and stated "Was there any way that <br />Becker would drop his appeal to the Supreme <br />Court?" Making a long story short, I agreed to <br />drop my appeal if the City of Orono stated in <br />writing that Mr. Rhode could not build unless <br />and until the easements, which the City of Orono <br />and Judge Nicholson declared invalid, were ex­ <br />tinguished. The City agreed to this, as I under­ <br />stand it, and 1 subsequently dropped my appeal <br />to the Supreme Court. Apparently, now the City <br />of Orono feels that it was mistaken in terming <br />the easements "invalid." I think the City Council <br />should reflect long and hard on the ethical and <br />legal question of offering something to Mr. Becker <br />for which it received something in return and then, <br />subsequently, "taking back" what it gave to Mr. <br />Becker in exchange for consideration, namely, the <br />dropping of a lawsuit. The Council should also <br />reflect on the fact that if it unilaterally breaks <br />its covenant with me, I am no longer impeded from <br />seeking ledress in the courts. I believe the <br />City of Orono made a "good faith" contract with <br />me for which it received consideration, and that <br />breaking this contract would be illegal. <br />Mr. Swenson presented to the Council on 6-30-80 <br />the argument that the Lauers were all in favor of <br />the new location for the Rhode house. <br />Mr. Rhode and Mr. Swenson are proposing to move <br />the Rhode house toward the lake and away from <br />the Lauer house. Obviously, the Lauers gain in <br />the value to their own home in direct proportion <br />to the distance that the Rhode home is from the <br />Lauer home. Conversely, the further away the <br />house is from the Lauers, the more it adversely <br />affects the value of the Becker home. Also, the <br />A