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09-28-1988 - Agenda Packet City Council - regular meeting
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09-28-1988 - Agenda Packet City Council - regular meeting
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2/12/2026 10:57:02 AM
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Administration
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Agenda Packet City Council
Section
City Council
Subject
regular meeting
Document Date
9/28/1988
Retention Effective Date
9/22/2025
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2. Alternate Attorney - As noted in the attached draft letter <br />that is being sent to the Attorney it has been requested that 7e <br />take a short period time to give a preliminary reading on the <br />City's standing in this issue. Please refer to the letter as an <br />outline of the issues submitted to the attorney in relation to <br />the City's standing. <br />3. Direction for Responses as to How the City Proceeds - A <br />potential strategy for undertaking a response to -this matter can <br />be as follows: <br />1. when deemed appropriate become a party to the <br />lawsuit at a very minimal cost to insure the suit is not <br />settled without the City's concurrence. <br />2. If Minnetrista wants to settle the suit, require <br />that any settlement also include a resolution of the <br />constitional questions related to the bill together with <br />insuring that the condemnation authority will not be <br />exercised in Orono. <br />3. If the City chooses not to be a direct participant <br />in the lawsuit they can, should the lawsuit be settled, <br />undertake a suit of their own if appropriate "standing" <br />is available. <br />4. Should the suit go to District Court prepare the <br />necessary am.ircus curiae brief to be possibly submitted <br />as further evidence in addition to the resolutions, but <br />that the real thrust of it would be at the appellate <br />court level. <br />ALTERNATIVES <br />1. Requirement of Issue <br />a. Accept <br />b. Expand <br />c. Refii.e <br />2. Alternate Attorney. <br />a. Acknowledge information <br />b. Request additional information be transmitted to the <br />Attcrney <br />3. Direction for Proceeding <br />. Table <br />b. Discuss direction. <br />RECOMMENDATION - It is recommended that: <br />1. Council accept the refinement of the issues. <br />2. That the Council give the Administrator any further <br />comments they have to the draft letter to the Attorney. <br />3 <br />
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