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OSVl.7/00 WED 12:0$ PAX <br />o <br />( <br />I21009 <br />April 14,2( <br />Page 8 <br />1970's to ensure such piOtection. The City successfully litigated a case with some similar issues <br />to the Minnesota Court of Appeals in 1994 (a copy of the case is enclosed). <br />I realize that the City approved conditional use permits for others nearby in 1985. That <br />action does not set a binding precedent since the facts relating to each lot and dock are so <br />different Also, quite fiankly, I believe those permits may not be legal for many of the reasons <br />set forth herein. That is an issue my clients have asked me to address to the City in a future <br />analysis once we have completed our factual investigation related thereto. <br />Thank you for your consideration of these important issues. If you have any questions or <br />need additional information, please call me or my clients. My clients’ telephone numbers are as <br />follows: <br />Jim Zimmerman Office: 612-341-1100 <br />Home: 612-471-0130 <br />Richard Gay Office: 612-935-5055 <br />Home: 612-471-1221 <br />Dick Ogle Home: 612-471-8635 <br />(He is in California tmtil May, but he does receive his calls at his home number.) <br />Very truly yours. <br />Bruce D. Malkerson <br />cc: <br />Enclosures <br />Jim Zimmerman <br />Richa* i Gay <br />Dick Ogle <br />J75I7BDM