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

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U William Soth, Dorsey & Whitney September 9, 1988 Page 3 of 4 As you will note, the legislation as drafted is much more general than acqusition of park land in Minnetrista for Lake Minnetonka Regional Parks. In addition, you will note that the Lake Minnetonka Regional Park Feasibility Study does indicate that there is possible "acquisition" of the Big Island Veteran's Camp, which does abut the land they currently own on Big Island, with the entire island being in the City of Orono's jurisdiction. The Board of Governors has indicated that they are not interested. The question at issue in part is that the intent of the legislation was for acqusition in Minnetrista, however, given the legislation being as broad as it was, together with the fact that the Regional Park Feasibility Study does include land outside of Minnetrista, does this: A) Give them more of an argument that it is general rather than special legislation. B) Place property in Orono at risk under this condemnation authority. The request at this point is a review by you or your designee to determine whether the issue is a significant issue of standing in related to the City becoming party to the lawsuit. If there is a significant question as it relates to standing, the Council will then review its other options. The City could undertake one of three stratagies at this point, even if it does have standing for a lawsuit: 1. Become a party to this suit, and proceed as a party until it is either settled or adjudicated. By being a party, the City could have a say in the terms of settlement. 2. If not a party to the lawsuit, the City could await settlement or judication and if they did not like the settlement, they could undertake a separate lawsuit if there was appropriate standing tc be a party to the first. 3. If it chooses to not undertake it, at the point, and the matter is adjudicated and appealed, the City could then in conjunction with others submit amicus curiae.