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11-20-1995 Planning Packet
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11-20-1995 Planning Packet
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10/5/2023 10:44:03 AM
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L <br />SFTTf FMFNT 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 Set>tember 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 >nproving 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 1 16B and 1 16D, various sections of the United Slates Constitution and the <br />537/22080000 5/23/95 <br />* . <br />• ! <br />i
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