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Zoning File ^1^1876 <br />November 10. 1993 <br />Paee 4 <br />Staff Recommendation <br />Given the questions raised by the DNR, as well as the legal question whether the City <br />has the right to vacate this roadway, staff cannot recommend approval of this vacation. For the <br />application to proceed further, the City should obtain a legal opinion as to whether the plat <br />dedication language precludes a general public interest in favor of an interest by only those <br />property owners within the plat. Further, the City appears to risk a lawsuit by the DNR if the <br />vacation is approved. <br />If the applicants and Planning Commission conclude that proceeding funher is futile, staff <br />would recommend that portions of the application fee not e.xpended for publication be refunded <br />to the property owners. <br />baeOBSLuAi <br />} <br />j