09-28-1988 - Agenda Packet City Council - regular meeting

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William Soth, Dorsey & Whitney September 9, 1988 Page 2 of 4 BACKGROUND As you may be aware, Hennepin Parks had legislation adopted as part of the State's appropriations bill that gave it unlimited domain power during 1988 and 1989 to undertake condemnation of selected properties indentified on Lake Minnetonka Regional Park's plan. The City of Minnetrista originally felt a park at 50 acres, then one at 125 and upwards at 220 would be an amenable solution for them. The Hennepin Parks, however, has constantly maintained that they want a minimum of 292 acres for their park. During the legislative hearings on the matter, the main bill, for which this was initially aut-bored, did not. come out of committee on the Senate side, but was amended on one of the last days of the session to an appropriation bill. Subsequent to that, the City of Minnetrista and the land owners have joined in a lawsuit against Hennepin Parks charging, as we see it, two major constitutional issues: 1. Violation of the provision as it relates to special legislation. 2. Violation of the "garbage" provision. The land owners are currently represented by 'rim Thorton of Briggs and Morgan Law Firm. ISSUE TO BE ADDRESSED At this time, the City is contemplating whether to accept a "invitation" from the City of Minnetrista to join as a party to the lawsuit and contribute to the legal costs of such a suit. As an alternative stratagy, the City could look to perhaps doing an amicus curiae in conjuction with other municipalities that are interested in such an action. One of the main considerations as to the City's participation in to the lawsuit would be whether the City would have standing in the matter.