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<br /> <br />DONALD L. LAIS <br />JOHN F. BANNIGAN. JR. <br />JEROME D. CIRESI <br />PATRICK J. KELLY <br />LAIS, BANNIGAN & CIRESI. P. A. <br />ATTORNEYS AT LAW <br />409 MIDWEST FEDERAL BUILDING <br />6TH AND CEDAR <br />SAINT PAUL. MINNESOTA B5101 <br />November 28, 1978 <br />The Honorable Mayor and <br />Members of the City Council <br />City of New.Brighton <br />803 -.Fifth Avenue N.W. <br />New Brighton, Minnesota 55109 <br />Re: Report regarding I-335 <br />AREA CODE 612 <br />224.8781 <br />Dear Mayor and Members of <br />the City Council: <br />Since the last meeting of the Council and at its direction, I have <br />been researching the law and the facts concerning the withdrawal <br />of I-335 from the Federal Inter-State Highway Program. I have <br />checked Federal Statute 476 and particularly Subsections 204, 304 <br />and 306. These sections deal with the subject matter in the <br />following manner. Subs. 204 deals with the withdrawal request <br />which provides that a withdrawal request may be made (1) if the <br />segment is located in an urbanized area, the request shall be <br />submitted only after consultation with the local governments <br />concerned and responsible local officials of that urbanized area. <br /> <br />This provision is not too hard to interpret and the portion refer- <br />ring to responsible local officials of that urbanized area naturally <br />refers to the Transportation Advisory Board. The other part refer- <br />ring to consultation with the local governments concerned, applies <br />only to those governments through which that particular highway <br />ran, or was intended to run. <br />Certainly the I-335 was not intended to run through the City of <br />New Brighton nor, at any time, did we think it would. I recognize <br />that the argument can be made that it is a part of the system and <br />that New Brighton would certainly be concerned about the effect <br />the construction and non-construction of I-335 would have upon the <br />traffic flowing through New Brighton on 35 W and 694. However, <br />that is not sufficient to qualify the City of New Brighton for <br />a required consultation before a request for withdrawal could be <br />submitted.