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<br /> t backs developer in dispute with HanoverCour ��r,m .,�p=���;n���n'�l���
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<br /> ruling:The City Tuesday. ing life more volatileu� ,1 Y . *."'
<br /> o e for devel- do that" `°^' 4' �,
<br /> The panel told the city of opers and city councils alike. In November 2000,voters in `:' =fir--;; ,, s •.00, ,-,
<br /> Council didn't have Hanover, a small community "We see more and more Hanover changed the balance " " m-r' ryi'' . -
<br /> the right to reverse on the western edge of Henne- communities considering no- of power on their council afternaer?;'moi_ ,;: �
<br /> in County, i''F7`�•1ti�assan
<br /> ' p ty that local leaders growth or slow-growth initis- council members approved :';� ��.�hpltw_,, M�pa�i�rttr.,�ue.•
<br /> the prior councils had no right to revoke the pre- tives, using a variety of tools, plans that would have tripled kw'
<br /> �r,lianoveT T.,,, gig'
<br /> liminary approval of a housing said Remi Stone, public policy the city s size within a few v:4;- -,;,4� '.4-
<br /> initial OK of a project. project that had been granted director for the.Builders Asso- years.The new council slapped <64,-;k3 -Zoiavli, ,i; , ,,,
<br /> by the previous City Council. ciation of the Twin Cities. 'a moratorium on the develop- ;7 ivt�ee��;;:4�_`�� _F;.�.;�r,�D,�ti�:,.'- �
<br /> se©;�
<br /> By David Peterson The newer council had been "We believe this case is im- ment plans, a move that >0 ''2., , ,9- ''-'N_____rf ,
<br /> Star Tribune StaffWriter elected as a result of a citizen '
<br /> portant because it sets a duet- Semler Construction, of Ando- Area
<br /> effort to stop plans to build tion that we as a region have an ver, said has cost it more than k
<br /> Cities must honor their hundreds of new homes. obligation to continue to ac- $1 million. "; `,yew shown
<br /> commitments to developers The dispute has been de- commodate new residents that ' ' `='`
<br /> even if the local political cli- scribed in recent months as a are coming here.You can't just RULING continues on B5• 11011)0010e,.,1-w;! •
<br /> • mate no longer favors rapid key test of local powers in an . say, 'not in my back yard,'and —Judge:Preliminary approval y ; ,s �
<br /> growth,an exasperated Minne- era when congestion and other elect a new city council to isn't like a preseason NFL ' YW%� !,,,,-.,,..--
<br /> sota Court of Appeals ruled growth-related woes are mak- prove your point.It's not OK to game(which doesn't count). gti:``•
<br /> .r��x
<br /> RULING from B1 mean it's like a preseason NFL ously disappointed with court's hardt was equally tight-lipped, ' _ •
<br /> game that doesn't count, he decision and will take a look at saying only that the opinion
<br /> Preliminary added. it and consult our client before was "well-reasoned, well-writ-
<br /> The city had prevailed be- deciding what to do next." ten and frankly what we ex-
<br /> OK seen as fore a local judge, Dale Mosey
<br /> in Wright County — the city to OptionstheMinnesota include anSupreme appeal petted.We were verypleased."
<br /> commistraddles the Wright-Hennepin Court,he said. DavidPeterson is tment border. But the Appeals Court Semler attorney David Len- dapeterson@startribune.com.
<br /> reversed that decision and told
<br /> Writing Tuesday for a three- the city to deal with Semler in -
<br /> judge panel, Appeals Court good faith, adding that Hano-
<br /> Judge R.A. (Jim) Randall was ver could face financial penal-
<br /> . withering at times,using italics ties if it fails to do so.
<br /> to emphasize his view that one Stone said it was clear that
<br /> of the city's key claims "should attorneys for the city had to
<br /> not even be in dispute"and say- "stretch" to find legal reasons
<br /> ing that other city arguments to justify what was essentially a
<br /> were beyond the court's corn- political decision. The area's
<br /> prehension. homebuilders are "thrilled"
<br /> In essence,he wrote,the old with the decision,she said.
<br /> council's grant of preliminary George Hoff,an attorney for
<br /> plat approval was a major com- the city, said he would not
<br /> mitment. Just because it's comment on the case other
<br /> • called "preliminary" doesn't than to say that "we're obvi-
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