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CITY OF ORONO <br /> � <br /> • Exectuive Session of the Orono Council, 5 : 30 P.M. <br /> June 30 , 1977 <br /> � The Oron� Council met on the above date with <br /> � the following members present: Mayor Van tlest, <br /> Councilmembers Massengale, Paurus , and Pesek. <br /> � Absent: Councilmember Butler. Also present: <br /> City Administrator Benson, Building & Zoning <br /> � Administrator Muhich, Assistant Building & <br /> . Zoning Administrator Olson, and City Attorney <br /> Malkerson. <br /> � <br /> � Dick Benson, City Administrator, stated that this NOTICE OF CLAIM <br /> executive session has bean called to discuss North Shore Drive Marin <br /> � with the Council a Notice of Claim for damages <br /> i in the amount of $5 , 000,000 served upon the City <br /> by Larry Hork and North Shore Drive Marina, Inc. <br /> � The Clairn states that: <br /> ! . <br /> YOU WILL PLEASE TAhE NOTICE That Larry Hork and <br /> � North Shore Drive Marina, Inc. , claim damages <br /> from the City of Orono in the amount of Five <br /> � Million and no/100 ($5 , 000, 000. 00) Dollars (the <br /> exact amount not being known) for the following <br /> acts by the agents and officials of the City <br /> of Orono: <br /> � l. Fraudulent misrepresentation by an agent of <br /> the City that no building permit would be <br /> � required for the construction of two dry- <br /> stack rack storage units for the storage of <br /> boats at North Shore Drive 2iarina, Inc. <br /> 2 . The arbitrary and capricious refusal to allow <br /> � claimant' s right to �due process of law. <br /> � 3. The taking of claimant' s property without <br /> just compensation by the impairment of its <br /> � value as commercial real estate. <br /> � 4. The impairment of claimant' s constitutional <br /> right to free access to the courts by <br /> penalizing claimant' s application for per- <br /> � riission to build rack storage units because <br /> of a separate pending lawsuit against the <br /> � City of Orono. <br /> � This notice is furnished to you in accordance <br /> with the provisions of Minnesota Statutes <br /> 466. 02 et. seq. _ <br /> Please direct any and all inquiries concerning <br /> i this matter to the undersigned and not to my <br /> client. <br /> (Continued) <br />