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Gislason , Martin & V arpness , P.A. <br />^TTORNfFY^; ANT> CTX/VSFIOR5 AT LAm <br />)AMB T wjtrns* <br />K>IN E. VARfSTSS- <br />PATTUCK M CONUN <br />DAN T RYER50N <br />raiM moMMf <br />Wit rm MAnoMi (umo or <br />TMM /tei^toLMrt <br />RTTIRED <br />ROBERT W ClSL.\SON March 9, 1994 <br />roOC FAKkl.K9TN AV ENUE SOLTM <br />SUTTE 444 <br />KilNNEATOUS. MINNESOTA <br />TtLEFHONE tl^^Ul S79J <br />FAX »U. t)l 7)W <br />UCAi. ASSISTAKTS <br />GLORIA OEER <br />^'DY THYREN <br />Nfr. Kc% in P. Staunton <br />Attorney at Law <br />222 Soutii Nbtli Street <br />Suite 3300 <br />Vlinneapolis, MN 55402 <br />RE: ll'Ttitmat Conditional Use Pennii AppHcctiot^City of Orono <br />Dear Mr. Staunton: <br />Reference is made to our telephone discussions during September, 1993 and your letter <br />to me dated September 28,1993. The declaratory judgment proceeding in Whitman y, Lawrence. <br />Hennepin County District Court File No: CT 93-12901, which was the subject of our <br />communications, has now been decided. Enclosed for your review is a copy of the Court's Order <br />and Memorandum dated March 7, 1994. <br />As you can see, the Court’s Order, and in particular parag^ 3, specifically addresses <br />the question tliat was framed by your September 28 letter. Basis for the Order is more fully set <br />out in the Court's attached Nfcrnoraridum, in which it is recognized that the lack of the fee <br />owner's consent to the conditional use application and the inability of the City to proceed with <br />the Whitmans' application in the absence of the consent, is what gives rise to the actioa The <br />Court further specifically took note of your letter in which a resolution of the question by <br />declaratory judgment was contemplated. Thus, the Order granting summary judgment to the <br />Whitmans in the declaratory judgment action has clearly resolved issues and removed the "lack <br />of consent" impediment to their pending application. <br />Accordingly, I am providing a copy of this Order to the City of Orono Zoning <br />Administrator ^v^th the request that the Whitmans' application may now go forward through the <br />usual review and action processes, lhank you for your courtesy and cooperation in helping to <br />Jefine and resr' ; this issue.