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( ~ S'.IATE OF l'ill-mESOTA ff:;ffJPV DISTRlCI' COURT COUNTY OF lW.lSEY SEXX>ND JUDICIAL DlSTRIcr ______--------------------------------------- COURT FILE NO. 418456 JOHN J. \\TELSOi CQ'1PANY, a l.unne.sota corporation, Plaintiff, v. DEFENDANT I S BRIEF CITY OF Nf}\T BRlGH'I'CN, RN1SEY COUNTY MINNESO'TIl\, a municipal corporation, D2fendant. ------------------------------ FACI'S For puxposes of this trial, it has been stipulated that John J. Welsch Corrpany, a Minnesota corp::>ration, is the fee CMrler of record of a certain lIDirrproved tract of real estate within the City of NEW Brighton, Ra.m5ey ColIDty, Minnesota, identified as 2550 Mississippi Street, situa.ted in the Northeast quadrant of I:ti-ssissippi Street and 26th Avenue N.W. and rrore particularly described in paragraph 3 of Plaintiff's Complaint. At all tines rraterial herein, Plaintiff's prop:=rty arove referenced was zoned under the "NEW BRIGH'lDN ZONING ORDll\ffiNCE" as a "G2nera1 Business District B-3", the specific terns and provisions of which are set forth in ."Appendix A-Zoning"of said NaN Brighton Ccxle, Section 8-070, et seq., see Exhibit "A" attached hereto. On February 10, 1976, a public hearing was held before the NEW Brighton City Council on Plaintiff1s application for an on-sale liquor license at the above- referenced property. Plaintiff also had an application for a building permit for a proposed "StockrrBn's' Steakhouse." See Defendant's Exhibit No.2, received in evidence herein, th e minutes of said public hearing. Upon the close of the poo1ic hearing, Plaintiff's application for an on-sale liquor license was denied on a unanirrous vote and Plaintiff withdrew his application for the building permit. Smsequently, Plaintiff reapplied for an on-sale liquor license and a poolic hearing was set and convened Novenber 23, 1976. Again, see D2fendant IS Exhibit No. 3 received in evidence in the trial hereof, the minutes of said public hearing. Upon the close of the poolic hearing, a notion to deny the on-sale liquor license was carried unaninously. 'lhereafter, a notion to authorize administrative authority to issue building permits to plaintiff for a restaurant was approved unaninously. en D2cenber 14, 1976, at O:>lIDcil direction, Resolution 1811 was presented to ".