05-06-1997 Council Packet - Laserfiche WebLink

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05/02/97 FRI 15:50 FAX 612 347 7077 FREDRIKSON & BYRON @00 FREDRIKSON & BYRON, P.A. Attorneys At Law 1100 Internationiil Ccn(re 9Q0 Second Avcn»e South Minneapoli5, MN 55402*.'^I^07 (612) 347-7000 hAX (612) 347-7077 Direct Dial No. (612) 347-7032 bergUS&edlaw.com ILS. MAll. AND FACSTMILE 473-0510 May 2,1997 Mr. Ronald Moorsc City Administrator City ofOrono P.O. Box 66 Crystal Bay, MN 55323-0066 RE: Proposed Assessment for Municipal Sewer Service (North Long Lake/Long Lake Country Club Sewer Improvement Project) Dear Mr. Moorse: My office represents Troy and Catherine Anderson, tlie owners of the property at 1490 Long Lake Boulevard. The purpose of this letter is to serve as an objection to the assessment of the Anderson’s property for the above referenced project. The Andersons have met and discussed the proposed project with representatives of the City of Orono on several occasions. I have previously written to the City of Orono on their behalf and you will find enclosed a copy of my most recent letter (October 25, 1995). Based upon the due diligence investigation that we have conducted, it would be legally impermissable for the City of Orono to assess the Anderson’s properly for this project in the manner proposed by the City. The Anderson’s on-site system is a functioning, conforming, on-site system, constructed at considerable expense to the Andersons in 1993 following assurances to the Andersons by the City of Orono that municipal sewer service would not become available for at least ten (10) to fifteen (15) years. Our own experts have provided us with evidence that there is virtually no benefit that would accrue to the Anderson’s property on the basis of having municipal sewer service made available. If the City proceeds with the proposed assessment of the Anderson’s property, the Andersons will have no choice but to contest that assessment in accordance with applicable law. I would