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L- <br />T"l <br />! <br />04 14-00 FRI 1^:27 FAX @000' <br />April 14,2000 <br />Page 8 <br />1970 ’s to ensure such protection. The City successftilly litigated a case with some similar issues <br />to the Minnesota Coiut 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 I98S. That <br />action does not set a binding precedent since the facts relating to each lot and dock are so <br />different. Also, quite frankly, I believe those permits may not be legal for many of (he 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 addition^d infonnation, please call me or my clients. My clients' telephone numbers are as <br />follows: <br />Jim Zimmerman Office: 612-341-1100 <br />Horae: 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 until May, but he does receive his calls at his home number.) <br />Very truly yours, <br />Bruce D. Malkerson <br />Enclosures <br />cc: Jim Zimmerman <br />Richard Gay <br />Dick Ogle <br />37587BDM <br />1 <br />1