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1169 North Arm Drive - 07-117-23-14-0060
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Court summons-2013
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Last modified
8/22/2023 5:31:40 PM
Creation date
9/13/2017 11:36:35 AM
Metadata
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Template:
x Address Old
House Number
1169
Street Name
North Arm
Street Type
Drive
Address
1169 North Arm Dr
Document Type
Misc
PIN
0711723140060
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100. This cause of action is brought pursuant to Minn. Stat. §§ 586.01 et. seq for an <br /> order directing Defendant to administratively terminate the Restrictive Covenant, .; <br /> approve Plaintiffs' application and to declare the Lake Parcel a buildable lot. <br /> 101. The failure of Defendant to comply with its legal duties constitutes a public <br /> wrong specifically injurious to Plaintiffs, and as there is no plain, speedy, and <br /> adequate remedy in the ordinary course of law, Plaintiffs are entitled to a writ of <br /> mandamus ordering Defendant to administratively terminate the Restrictive <br /> Covenant, approve Plaintiffs' application and to declare the Lake Parcel a <br /> buildable lot. <br /> COUNT XII <br /> DUE PROCESS <br /> 102. Plaintiffs restate and reallege paragraphs 1 through 101 of the Complaint. <br /> 103. Defendant, acting under the color of statute of law, required Plaintiffs' <br /> predecessor-in interest to enter into the Restrictive Covenant without any basis in <br /> law to do so. <br /> 104. Defendants' actions have deprived Plaintiffs, as successors-in-interest, of <br /> constitutionally protected due process rights and have violated the Fifth <br /> Amendment and Fourteenth Amendment of the United States Constitution. <br /> 105. As a direct and proximate result of Defendant's violation of Plaintiffs' due <br /> process rights, the Fifth Amendment of the United States Constitution and the <br /> Fourteenth Amendment of the United States Constitution, Plaintiffs have been <br /> damaged in an amount as may be proven at trial, but reasonably believed to be in <br /> excess of$50,000.00. <br /> COUNT XIII <br /> NDICIAL REVIEW <br /> 106. Plaintiffs restate and reallege paragraphs 1 through 105 of the Complaint <br /> 107. Defendant, as a municipality within the State of Minnesota, is empowered to <br /> make decisions regarding municipal planning and zoning. <br /> 108. Defendant has failed to enact an ordinance, rule, or regulation that would allow <br /> Defendant to require its residents to enter into restrictive covenants in exchange <br /> 11 <br />
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