05-11-1999 Public Hearing - Woodhill CC

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LINDQUIST & VENNUM p.l.l.p. In D env 'ER 4200 IDS Center U ndouist . Vennum & ChRiStensen 80 Scxjtm Eighth Street pllp Minneapou S. Minnesota 55402-2205 600 17th Street . Suite 2125 Telephone 612-371-3211 D enver . Coloracx ) 80202*5401 AnoHNEYS A t Lav. James V. McCarthy (612)371-3238 jmccarihy^t lindquist com January 26.1999 Clifford M. Greene. Esq. Greene Espel 333 South Seventh Street Suite 1700 Minneapolis, Minnesota 55402 BY MESSENGER Re: Woodhill Country Club v. City of Orono, et at. Court File No. 98-10541 Dear Cliff; In our recent discussions concerning the "public street" issue, I had asked you to focus on the John Pillsbury correspondence in the summer of 1979 and the statements and actions of the City of Orono in response. As I indicated, the “intent" of the landowner to dedicate the street to public use is quite clear in Mr. Pillsbury’s letters. Further, the "use" of the road by the public has been admitted by the City and is clear from Mr. Pillsbury’s letters, the petitions and letters of neighbors and the recollection of members, employees and area residents. Further, the City of Orono ’s "acceptance" of that dedication (which I believe the law does not require separate and apart from use by the public) is clearly shown by the City of Orono ’s response to Mr. Pillsbury’s concerns about vehicles being located between Mr. Wagener ’s driveway and the entrance to the Club. As a backdrop to this discussion. I am again enclosing a copy of the 1987 survey of Woodhill Avenue and have highlighted the location of the driveway to the WagenerAA/ood house. I believe you had an opportunity recently to confirm in person the location of this driveway. I visited the site last week and confirmed that no truck could be parked east of the Wagener driveway without being outside of the 1887 platted right-of-way and on what the City of Orono has termed the "Pillsbury easement". UKtf IO‘»01.S2 I