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<br /> <br /> <br />JAN 2 5 l007 <br /> <br />Fredrilcson <br /> <br />.............-....;~ <br />........... 't' . <br />................... . . <br />................... <br /> <br />January 25,2007 <br /> <br />VIA MESSENGER <br /> <br />Mayor Stephanie Klinzing <br />City of Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330 <br /> <br />Re: Elk Ridge Center - Fourth Addition (the "Property") <br /> <br />Dear Ms. Klinzing: <br /> <br />Fredrikson & Byron, P .A. represents 7040 Lakeland Partners LLC regarding the above- <br />referenced Property. <br /> <br />Our client has requested City approval to construct an Aldi Foods Store on the Property. The <br />proposed grocery store is a permitted use under the Planned Unit Development Agreement for <br />Elk Ridge Center. <br /> <br />In an emailfrom the City's planner for this project to my client, the City requested contact <br />information for my client's contacts with Aldi, Inc. because "the City Council directed stafflast <br />night to compose a letter expressing the Council's desires to see the AIdi store located <br />somewhere else within the city." My client has a signed lease with Aldi. The City's efforts to <br />persuade AIdi to construct its store in a location other than on my client's Property are improper <br />and constitute a tortuous interference with contract. <br /> <br />Based upon the public hearings on my client's application to date, any opposition to my client's <br />application have focused upon the concerns of a few citizens that an Aldi' s store is not a <br />"desirable" use in this location. My client's application has already been substantially delayed as <br />a result of these concerns. Given that a grocery store is a permitted use for the Property, any <br /> <br />Attorneys & Advisors <br />main 612.492.7000 <br />fax 612.492.7077 <br />www.fredlaw.com <br /> <br />MEMBER OF THE WORLD SERVICES GROUP <br />A WorldWide Network of ProfeSSional Service Providers <br /> <br /> <br />Fredrikson & Byron, P.A. <br />200 South Sixth Street, Suite 4000 <br />Minneapolis, Minnesota <br />55402-1425 <br /> <br />OFFICES <br />Minneapolis, London, & Monterrey, Mexico <br />