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<br />~ <br /> <br />STATE OF MINNESOTA <br /> <br />DISTRICT COURT <br /> <br />COUNTY OF RAMSEY <br /> <br />SECOND JUDICIAL DISTRICT <br /> <br />Speedway SuperAmerica LLC, a <br />Delaware company, <br /> <br />CASE TYPE: <br /> <br />FILE NO. 62-C2-98007353 <br /> <br />Plaintiff- Petitioner, <br /> <br />v. <br /> <br />ANSWER TO VERIFIED COMPLAINT <br />AND RETURN TO AL TERNA TIVE <br />WRIT OF MANDAMUS <br /> <br />City of New Brighton, a Minnesota <br />municipal corporation, <br /> <br />Defendant-Respondent. <br /> <br />Defendant-Respondent, City of New Brighton, ("City") for its Answer to the Verified <br /> <br />Complaint and for its Return to the Alternative Writ of Mandamus states and alleges as follows: <br /> <br />1. Except as expressly admitted, the City denies each and every allegation in the <br /> <br />Complaint and Petition. <br /> <br />2. The City admits the allegations in paragraphs 2, 4, 5, 8,9, and 19. <br /> <br />3. The City is without knowledge or information sufficient to form a belief as to the <br /> <br />truth of the allegations in paragraphs 1 and 3. <br /> <br />4. Answering paragraph 6 of the Complaint, the City admits that on or about April 9, <br /> <br />1997 SuperAmerica's attorney submitted a letter to the City in support of the site plan and variance <br /> <br />application and that Exhibit C to the Complaint is a true and correct copy of that letter. The City <br /> <br />states that the letter speaks for itself and denies the allegations in paragraph 6 to the extent they are <br /> <br />inconsistent with the terms of the letter. The City specifically denies the allegation in paragraph 6 <br /> <br />that the City's zoning ordinance provides for a 20 foot green space setback for the property. The <br /> <br />JJT-148470 <br />BE295-48 <br /> <br />1 <br />