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"It is elementary that a party inay riot, deaf(-nd an <br />action by asserting facts or rights which uo not <br />concern film and in which he has no lawful interest, <br />* * * just as he cannot predicate a cause of acti, <br />upon such face-.s or rights. * * * This is true for, <br />the very simple reason that a party may assert and <br />champion only his own rights, not those of others. <br />* * *" (asterisks show omitted citations.) <br />The Beckers claim that they were denied due process for <br />several reasons. In view of the many planning commission and <br />council meetings held where the Beckers were present and represented <br />and the opportunity given to them to submit briefs and a proposed <br />resolution to the council, as well as the extended time devoted <br />by the council to hearings, there is simply no basis on which the <br />Beckers can reasonably assert that they were denied due process. <br />The Minnesota Supreme Court has recognized that. only limited due <br />process rights are granted in quasi-judicial hearings before a <br />1; )verning body. In Bartun Contractirrt; c:o,L 11,t:, v. Clty of Afton, <br />(decided April 111, 1978) the court said: <br />"When the governing; bo•'y considers an application <br />for a special -use permit pursuant to such ortinance, <br />Its action no longer bears on an open cla; s -,f per - <br />soils but directly on the particular Inters :t of the <br />applicant, in which cu3e it actr, in what is usu,illy <br />called a qua-;i-Judicial c•apacit.y. .,un 01 i Co. v. <br />Vil l,W► - of New (lope, supra. The tea:sic rights of <br />prose, .ra l clue peoeess required in that. c,-►s o are <br />reasonable notice of hearing an.) a ►-eanonable oppor- <br />tunity t o hr heard. The so quasi_Ju,licLl l,roceedtngs <br />do not Invoke the full patioply of procec!ure + required <br />In regular ,judIc cal procecltnt,3, civil or criminal. <br />rnarfy of wtilc•h would be plainly Inappropriate in these <br />quasi-judicial settings." <br />A i asonab,,t opportunity to be heavd and 1'rvsent evidence <br />and arguments I., a I I that due process r•equi reps and the Becker's <br />were given that upportunity. <br />Dated: July ?4, 1�)/lt. * •-t <br />Dana <br />Judi- c,C' DISt,r•lct Court <br />