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Mr. Thomas F. Lewcock -2- November 23, 1976 <br />provided a possibly valid, although questionable basis for the delays. <br />I so advised applicant even though engineering documentation presented <br />in early September demonstrated that any problems with the water levels <br />in the ponds were not a result of applicant's proposed project. The <br />recently received reports now clearly indicate that there is no longer <br />any basis for a moratorium, that corrective steps can be easily achieved <br />and that in fact applicant's suggested solution of grading, which has <br />been continually offered is the best solution from both a practical and <br />economic view point. <br />It is our position that there is no longer. any basis for <br />denial of applicant's request for approval of PRD No. 21. PRD No. 21 is <br />in compliance with all ordinances, regulations and rules of the City of <br />New Brighton and applicant has corrected any and all real or imagined <br />difficulties with the project. Applicant has a legal right to rely <br />on the ordinances, rules and regulations of the City of I~Tew Brighton <br />and the City must also abide by these ordinances, regulations and rules; <br />to do otherwise is a denial of due process. <br />Applicant has advised me that if approval of PRD No. 21 is not <br />granted at the next scheduled hearing on December I4, 1976 applicant <br />will either proceed with construction of the previously approved PItD No. <br />18, there being no basis for denial of any applications regarding said <br />PRD or as an alternative bring an action against the City seeking approval <br />of PRD IQo. 21 and issuance of permits therefor, said action to be based <br />upon the City's unreasonable and arbitrary position. Applicant has <br />reached the. limit of patience in this matter and does not intend to be <br />frustrated any further by the unreasonable and arbitrary actions of the <br />City. If you care to discuss this matter on a constructive basis prior <br />to the next scheduled hearing, I am open to any such communication. <br />Ve tr~l yours, <br />~~ ' / ~ <br />~'\ <br />ire <br />STUART L. FINNEY <br />SLF/lnh <br />cc: DaVerne Corporation <br />Mayor <br />Council Members <br />