88-082
,
,
.
RESOLUTION NO
82-88
RESOLUTION OF SUPPORT FOR THE CITY OF SHOREWOOD AND ITS LEGAL
CHALLENGE TO LEGISLATION ALLOWING FOR THE OVERRIDE OF LOCAL APPROVAL
FOR THE ACQUISITION AND CONDEMNATION OF LAND
WHEREAS, the Minnesota State Legislature has passed this session
legislation allowing for the override of local approval for the acquisition
and condemnation of land for a Lake Minnetonka Regional Park; and,
WHEREAS, said legislation establishes a precedent that has specific
significance for Lake Minnetonka communities and general significance for
local governments everywhere; and,
WHEREAS, said legislation circumvents the constitutional protection
of local governments by treating Hennepin Parks Board and the Metropolitan
Council as a local unit of government being given increased authority; and,
WHEREAS, said legislation gives the power to authorize such condemnation
of private property to politically appointed bodies; and,
WHEREAS, the Minnesota State Legislature can pass general laws
affecting the local units of government equally but is prohibited from pass-
ing special laws that affect a single unit or group of units of local govern-
ment without the approval of their governing board or majority of their voters,
said protection found in Article XII of the Minnesota State Constitution; and,
WHEREAS, said legislation was achieved by incorporating it in the
traditional "garbage bill", practices are a flagrant violation of the
Minnesota Constitution Article X prohibiting laws from embracing more than
one subject:
BE IT RESOLVED, that the City of Shorewood, Minnesota, considers Lake
Minnetonka an important public resource, important to the life and health of
each of the lake communities;
BE IT FURTHER RESOLVED, that the City of Shorewood, Minnesota, supports
the City of Minnetrista in its legal challenge in the courts to the foregoing
legislative action;
BE IT FURTHER RESOLVED, that the City of Shorewood, Minnesota, believes
in, and supports, the protection of local governments as provided by the
Minnesota State Constitution.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of July, 1988.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk