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INFORMATION #1 07-28-2003
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INFORMATION #1 07-28-2003
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the necessal3, correction of the soil will result in substantial excavation and stockpiling of <br /> materials on site, which will "greatly increase the chances of wetland degradation on the <br /> site" and the elimination of "virtually all vegetation and trees in the upland" areas. <br /> <br /> As summarized by Maurer, the engineering report submitted by Tollefson on <br />August 19 supports the findings made by the city council. Therefore, the city's decision <br />to deny the preliminary plat is not arbitrary, and capricious. See VanLandschoot v. City of <br />Mendota Heights, 336 N.W.2d 503,508 (Minn. 1983); ~/'hite Bear Docking & Storage, <br />Inc. v. City of White Bear Lake, 324 N.W.2d 174, 177 (Minn. 1982). <br /> <br /> DECISION <br /> <br /> The district court did not err in concluding that the 60-day period began to run on <br />May 15, 2002, the date that Tollefson submitted a written request to the city to amend its <br />initial rezoning application. We therefore affirm the district court's grant of summary <br />judgment to the city. <br /> <br /> Affirmed. <br /> <br />11 <br /> <br /> <br />
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