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Resolution 1104
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Reso 1100 - 1199 (January 15, 1980 - September 15, 1980)
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Resolution 1104
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11/4/2015 12:41:54 PM
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Resolution No. 1104 <br /> Page 4 <br /> 16 . It is fundamental that a riparian owner ' s rights are <br /> measured by the necessities and character of his use. The marinas, <br /> for private commercial gain wish to temporarily and, in fact, permanently <br /> alter the use of the surface water in Lake Minnetonka. Certain sections <br /> of the lake, once a source of excellent fishing, have been converted and, <br /> in fact, in the future will continue to be converted into a commercial <br /> enterprise all to the detriment of other riparian owners and the public. <br /> The marinas present operations and contemplated operations far exceed <br /> a reasonable use of their limited riparian right. <br /> 17 . The most general public use of �vater is paramount and <br /> should take priority over the excessive riparian use for commercial <br /> purposes of the lake by the marinas. <br /> 18 . The marinas have separated and disassociated from the <br /> normal riparian rights in many sections of the public waters on Lake <br /> Minnetonka by having extended their docks out into Lake Minnetonka beyond <br /> the point of navigability taking away the reasonable riparian rights of <br /> other riparian owners and members of the general public who obtain access <br /> and use of Lake Minnetonka by use of the public access points along <br /> Lake Minnetonka. Such commercial transfer.s of the riparian rights <br /> of Lake Minnetonka have resulted in an abuse of reasonable riparian <br /> access to Lake r4innetonka. Such abuses must be qualified, restricted <br /> and subordinated to the paramount rights of the public to the public <br /> waters of Lake P�innetonka. <br /> 19 . The character of the change of the use of Lake Minnetonka <br /> by the marinas through the years is one that has affected adversely the <br /> general public. These changes are manifestly detrimental to the rights <br /> peculiar to the general public. The extent to which the public could <br /> otherwise enjoy the public waters of Lake Minnetonka has been changed <br /> and detrimentally affected by the expansion of the marinas through the <br /> years. <br /> 20. The marinas have failed to show that their excessive use <br /> of Lake Minnetonka is in any way reasonable. <br /> 21 . When the rights of other riparian owners and the rights <br /> of the public generally are contrasted with the marinas commercial and <br /> excessive use of their limited riparian rights , in order to maximize <br /> their economic return from harboring additional boats both on and off <br /> the public waters of Lake Minnetonka, the marinas excessive use of the <br /> lake must be curtailed. <br />
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