Laserfiche WebLink
<br />Mayor and City Council <br />City of New Brighton <br />November 28, 1978 <br />Page Two <br />Thereafter, the same Statute provides that there is a particular <br />method of withdrawing-or filing a request for withdrawal and, <br />in reviewing the request for withdrawal, it seems that all of <br />these criteria have been met. <br />The history is that the request should be submitted to the <br />Federal Highway Administrator by the Governor and local govern- <br />ments concerned with the concurence of responsible local <br />officials. It appears that this was done. <br />Subs. 306 provides that the Federal Highway Administrator may <br />approve the withdrawal of an Inter-State segment under the pro- <br />visions of this subsection if the requirements of Section 304 <br />are met and, in this particular case, the Federal Highway <br />Administrator did approve the withdrawal of the Inter-State <br />segment. <br />Being all of the above, it is my opinion that the rules were <br />properly complied with and New Brighton does not have standing <br />to take legal action against the Federal Highway Administrator, <br />the Governor and the Metropolitan Council in order to get I-335 <br />restored for construction. Therefore, if I am correct, any <br />lawsuit initiated in this respect would be abortive and costly <br />and to no effect in accomplishing the stated purpose of the <br />EQC of the City of New Brighton. I do wish to advise you that <br />I will make this material available to anyone who wishes to <br />study it and, if they have a different conclusion or can point <br />out different facts or law than I have been unable to uncover, <br />I would be happy to take it under advisement for purposes of <br />further consideration. <br />Very truly yours, <br />L S, BANNIGAN & CIRESI, P.A. <br />Donald L. Lais <br />DLL/me <br />