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P O P H A M H A 1 K <br />SC«NO»PiCh S #1 o <br />'-'w^V <br />U % OrriccA <br />OC»wC«. COcOAAOO <br />TCi. X>3 MS 1200 <br />Ttu S09 SSO-OO?© <br />S u • T f 3 300 <br />222 Sout »4 n .n ^h Stwcct <br />MlMMIA^OkiS. MiNmCSOTA I3S402 <br />TCI. •I2 333-4SOO <br />Fai CI2-334C089 <br />AM** rOWAC OAVKIA <br />aCAMAM* <br />▼Cw OftAA SAI «4t841« <br />frw^OAAI. GfAWANV <br />ttw 01 »49 ?n 2f«303 <br />tM»i«aro««, DC <br />Ttk 202 M2 4700 KEVIN P. STAUNTON. CSQ. <br />OiNCCT OiAV 1«I2| 934^310 <br />September 2S, 1995 <br />Sri' 3 3 *.S93 <br />Mr. Daniel Ryerson <br />7600 Park Lawn <br />Suite 444 <br />Edina, Minnesota 55435 <br />Re: John E. and Donna M. Whitman Conditional Use Permit Application <br />Dear Mr. Ryerson: <br />This firm represents the City of Orono. I am writing on behalf of the City regarding <br />the above-referenced matter. As I understand it, your clients, the Whitmans, have submitted a <br />conditional use permit application to the City requesting permission to undertake certain work <br />on Tract E of RLS #1418. The Whitmans do not own Tract E but have an easement over it. <br />Their neighbors tlte Lawrences are the fee owners of the Tract As you know, the City has <br />refused to accept the Whitmans* application until they obtain permission from the fee owners <br />of the property. The City routinely requires such permission to ensure that the applicant is <br />legally authorized to engage in the proposed work <br />You have informed me that the Lawrences have refused to grant permission. As a <br />result, the Whitmans have commenced a lawsuit in district court seeking a declaration that the <br />easement granted to the Whitmans is sufficiently broad to legally authorize the work proposed <br />by the Whitmans. I am writing to inform you that if the district finds that the easement is <br />sufficiently broad to legally authorize the type of work contemplated by the Whitman’s <br />Conditional Use Permit or other applications, the City will waive its requirement that <br />permission be obtained from the underlying fee owner before an application will be accepted. <br />2J9/220228679/2WJ