HomeMy WebLinkAbout1980 01-09 Land owner threatens to sue Maplewood THE REVIEW Land owner threatens ,
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to sue Maplewood
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By MARY LEE HAGERT ments in that community. North St. Paul r
had denied his permit "because of best
An angry George Ostrand of St. Paul interest of the village."
After more than four years of legal i�
addressed the Maplewood city council
Jan. 3. battling,the dispute was finally settled in
the Minnesota Supreme Court, when
Last month the council denied North St. Paul was ordered to grant
Ostrand's application for a special use Ostrand the special use permits.
permit to build a duplex on the northeast Ostrand told the Maplewood council
corner of Payne and Roselawn Avenues in that he was appearing to try to reach an
Maplewood. amiable solution to the problem. He said
r OSTRAND TOLD the council Thursday that in his earlier legal confrontation,the
that the city should grant him the special courts had given him the impression that
use permit and "the taxpayers of he needed to make some kind of con-
Maplewood will not face the cost of a ciliatory move before suing the city.
court trial." AFTER OSTRAND left the meeting,the
He said the city of Maplewood has Maplewood city council suspended its
"violated my constitutional rights by rules and passed an ordinance restricting
installing a drainage ditch on my the construction of duplexes or double
property and not on the easement granted houses in R1 zones on the first reading.
them. The council also:
"My alternatives are to sue for —approved the street vacation of Curve
financial damages, attorney fees and Street and Claire Street.
triple punitive damages for both the —tabled the feasibility study for the
denial of the special use permit and for construction of Sandhurst Street between
the drainage ditch." Van Dyke and Hazel to the Feb. 17
Ostrand said that last year he gave the meeting.
city permission to clean a ditch that ran —appointed Earl Nelson as the acting
along the easement of his property on the mayor.
north and west sides.But,Ostrand stated, —named the Maplewood Review as the
instead of cleaning the existing ditch,the city's official newspaper for the
city constructed a new drainage ditch that publication of legal notices and city
goes 30 feet into his property. council minutes.
After denying his special use permit, —discussed salary negotiations with the
last month the council placed a American Federation of State, County
moratorium on granting special use and Municipal Employees. The city has
permits for the construction of multiple not settled its 1980 contracts with the
dwellings in areas zoned for single-family clerical and technical unit and the
residences. At that time, the council had maintenance unit.
directed its staff to draw up an ordinance —agreed to a suggestion by councilman
covering the moratorium. Norm Anderson to conduct pre-council
"You have not adopted an interim agenda meetings Monday evenings before
ordinance,"Ostrand told the council, "so Thursday council meetings. Mayor John
your ordinance of 1977 applies." Under Greavu said he opposed the agenda
the 1977 ordinance, special use permits meetings because"they are supposed to
can be granted to build a multiple family be informational meetings, but decisions
dwelling on a lot zoned R1 (single family are made there." He does not plan to
residential). attend the meetings.
OSTRAND HAS been involved in —approved a seven percent pay in-
disputes over zoning and special use crease for city manager Barry Evans.
permits before. During the early '60s, he The raise will take effect on the one-year
was involved in a court battle with the city anniversary of Evan's appointment in
of North St.Paul over his application for a February.Greavu was the only one voting
gainst the pay hike.
special use permit to construct apart- a