Laserfiche WebLink
1 <br />SETTLEMENT AGREEMENT <br />This Settlement Agreement is entered into by and between William and Barbara <br />Pearce, husband and wife (collectively referred to as "the Pearces"), and the Minnehaha Creek <br />Watershed District ("MCWD"), on May^, 1995 (the "Effective Date"). <br />WHEREAS, on September 22. 1994, the MCWD Board of Managers at a public <br />hearing approved a feasibility report designating property owned by the Pearces and located <br />on County Road 6 in Orono. Minnesota, as the site for a three cell wetland detention pond to <br />be constructed for the purpose of improving the quality of stormwater runoff before it enters <br />Long Lake, and the MCWD has indicated that it also planned a second phase, wetland <br />detention basin to be located further upstream in the subwatershed draining into Long Lake, <br />near Deer Hill Road in Medina; <br />WHEREAS, a dispute arose between the Pearces and the MCWD concerning the <br />scope and location of the three cell wetland detention pond at County Road 6. and on <br />October 21. 1994, the Pearces commenced litigation against the MCWD under numerous legal <br />theories, alleging that MCWD’s administrative actions violated, inter alia. Minnesota Statutes <br />Chapter 103D, Minnesota Statutes Chapter 103B. the Minnesota Environmental Policy Act, <br />Minnesota Environmental Rights Act. the United States and Minnesota Constitutions, and 42 <br />U.S.C. § 1983; <br />WHEREAS, the Pearces commenced an administrative appeal of the MCWD’s <br />administrative actions to the Board of Water and Soil Resources, alleging violations of <br />Minnesota Statutes Chapter 103D, Minnesota Statutes Chapter 103B. Minnesota Statutes <br />Chapters 116B and 116D, various sections of the United States Constitution and the <br />.“5.^7/22080000 5/2.1/95