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Mayor Wm. Brad Van Nest July 8, 1980 <br />Page 5 <br />Judge Nicholson, who ruled that Resolution 851 <br />was valid, made several errors in his judgment. <br />One of these errors wa3, as he stated, "The <br />easements over the Becker and Rhode properties <br />were granted without Orono Council approval and <br />are of dubious validi*y" (Paragraph 23, page 4). <br />It is my understanding that Mr. Malkerson, attor- <br />ney for the City of Orono, approached my attorney, <br />Mr. Rice, and stated "Was there any way that <br />Becker would drop his appeal to the Supreme <br />Court?" Making a long story short, I agreed to <br />drop my appeal if the City of Orono stated in <br />writing that Mr. Rhode could not build unless <br />and until the easements, which the City of Orono <br />and Judge Nicholson declared invalid, were ex- <br />tinguished. The City agreed to this, as I under- <br />stand it, and I subsequently dropped my appeal <br />to the Supreme Court. Apparently, now the ity <br />of Orono feels t},at it was mistaken in ter. ng <br />the easements "invalid." I think the City C�uncil <br />should reflect long and hard on the .thical and <br />legal question of offering something to Mr. Becker <br />for which it received something in return a . then, <br />subsequently, "taking back" what it gave t yr. <br />Becker in exchar e for consideration, names,, the <br />dropping of a 1-wsuit. The Council should also <br />reflect on the fact that if it unilaterally breaks <br />its covenant with me, [ am no longer impeded from <br />seeking redress in the courts. I believe the <br />City of Orono made a "good faith" contract with <br />me for which it received consideration, and that <br />breaking this contract would be illegal. <br />i) Mr. S►+ <br />on presented <br />to the <br />Council on 6-30-80 <br />t e ar <br />;.J,.e.1t that the <br />Lauers <br />were all in favor of <br />* e new <br />locatir, or the <br />-Rhode <br />house. <br />Mr Rhode and Mr. Swenson are proposing o moxe <br />the Rhode house toward the lake and awa; from <br />the Lauer Ouse. Obviously, the Lauers gain ;n <br />the value to their own home in direct proportion <br />to the distance that the Rhode home is from the <br />Lauer hone. Conversely, the further away the <br />house is from the Lau^rs, zhe more it adversely• <br />affects the value of the Becker home. 11so, the <br />