88-098
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RESOLurICN ID. 98-88
RESOLurICN AUllmIZIJ;U JOINDER OF 'lliE CI1Y OF SHJRE.WXD
AS A PlAINTIFF IN A IAWSUIT aIALLENGIJ;U 'lliE
a:NSTITUrICNALI1Y OF lAWS OF MINNEsarA 1988, rnAPrER 686, SECrICN 26
WHEREAS, the City of Shorewood supports the development of a
reasonable regional park on Lake Minnetonka, but not that which is
identified in the master plan approved by the Metropoli tan Council; and
WHEREAS, the City of Shorewood is aware that the City of
Minnetrista has conducted goOd-faith negotiations with the Suburban
Hennepin Regional Park District regarding the development of a regional
park on Lake Minnetonka; and
WHEREAS, the City of Shorewood is aware that said negotiations
have been unsuccessful to date; and
WHEREAS, the City of Shorewood encourages further negotiations
between the Ci ty of Minnetrista and the Suburban Regional Park District
regarding the development of a regional park on Lake Minnetonka; and
WHEREAS, during 1988, the Legislature of the State of Minnesota
enacted Laws of Minnesota 1988, Chapter 686; and
WHEREAS, Section 26 of that statute authorizes the Suburban
Hennepin Regional Park District to acquire, by purchase, gift, or eminent
domain, and wi thout the consent or approval of the Ci ty of Minnetrista,
real property in accordance with a master plan for a Lake Minnetonka
regional park; and
WHEREAS, pursuant to Resolution No. 82-88, passed on July 11,
1988, the City of Shorewood detennined to support the City of Minnetrista
in its challenge to Laws of Minnesota 1988, Chapter 686, Section 26, as an
unconstitutional act, and
WHEREAS, the City Council of the City of Shorewood believes in
good faith that Laws of Minnesota 1988, Chapter 686, Section 26, violates
Article 4, ~17 and Article 12, ~2 of the Minnesota Constitution; and
WHEREAS, the Ci ty Council of the Ci ty of Shorewood bel ieves that
a challenge to the constitutionality of Laws of Minnesota 1988, Chapter
686, Section 26, is appropriate; and
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WHEREAS, the law finn of Briggs and lVbrgan, P.A., 2400 IDS
Center, Minneapolis, Minnesota 55502, on behalf of certain private
citizens and the City of Minnetrista, has commenced a constitutional
challenge to Laws of Minnesota 1988, Chapter 686, Section 26.
WV, 'lliEREFORE, BE IT RESOLVED by the Ci ty Council of the Ci ty of
Shorewood as follows:
1. That the City of Shorewood shall be joined as a plaintiff in
a lawsuit challenging the constitutionality of Laws of Minnesota 1988,
Chapter 686, Section 26, together with the City of Minnetrista and other
private citizens who may join that lawsuit, provided that anyarnendnents
to the Cooplaint in the above-mentioned lawsuit shall not be made wi thout
the approval of the City.
2. That the City of Shorewood shall retain the law finn of
Briggs and lVbrgan, P.A., to represent it in the above-mentioned lawsuit.
AOOPIED BY 'lliE CI1Y aJUNCIL of the Ci ty of Shorewood this 12th day of
September, 1988.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Vote:
Ayes: 5
Nays: 0