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Counsel appearances were:Jerome Rice, Esq., for plain- <br />tiffs Jason C. Becker and Carol Becker;Bruce D. Malkerson, Esq. <br />for defendants City of Orono, Orono City Council and Mayor Brad <br />Van Nest; and James Swenson, Esq. and Roger V. Stageberg, Esq. <br />for defendant Jack Rhode. <br />Having heard the evidence a►,d considered the briefs of <br />counsel, on all the files, records and proceedings herein, the <br />Court now makes the following findings of fact, conclusions of <br />law and order for judgment: <br />FINDINGS OF FACT <br />1. Defendant Jack Rhode, hereinafter "Rhode," is the <br />owner in fee of a lot in the City of Orono, hereinafter "Rhode <br />property." located at 1611) Bohn's Point Road. Orono, Minnesota. <br />2. Flaintiffs Jason and Carol Becker., hereinafter <br />"Backers," are the joint owners in fey of a tract of land in the <br />City of Orono, hereinafter "Becker property," located at 3145 <br />North Shore Drive, Orc,lno, Minnesota. <br />3. The Rhode property is a lot of record existing upon <br />January 1, 1975, under single separate ownership in an LR-1B :se <br />district. <br />