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<br />8. Answering paragraph 12 of the Complaint, the City admits that on May 8, 1997 the <br /> <br />City planner wrote a letter to SuperAmerica's attorney and that Exhibit H to the Complaint is a true <br /> <br />copy of the letter. The City denies that the quotation contained in paragraph 12 is a complete <br /> <br />statement of the entire contents of the letter. The City alleges that the letter also included the <br /> <br />statement: "If you have any questions, you may call me at 638-2060." The City affirmatively <br /> <br />alleges that the City received no further requests from SuperAmerica to proceed with the <br /> <br />applications until a building permit application was submitted on or about July 1, 1998. <br /> <br />9. Answering paragraph 13 of the Complaint, the City admits that SuperAmerica's <br /> <br />applications were not considered at the City Council's May 13, 1997 meeting. The City <br /> <br />affirmatively alleges that the applications were not considered at that meeting because <br /> <br />SuperAmerica's representatives requested at the May 6, 1997 meeting that they be given more time <br /> <br />to consider their options and because SuperAmerica agreed to extend the review period. <br /> <br />10. The City denies the allegations contained in paragraph 14 of the Complaint. The <br /> <br />City affinnatively alleges that the applications were considered by the City Council at its July 28, <br /> <br />1998 meeting. A representative of SuperAmerica was present at that meeting. The City Council <br /> <br />denied the applications at that time. <br /> <br />11. Answering paragraph 15 of the Complaint, the City denies each and every allegation <br /> <br />in that paragraph. The City affirmatively alleges that SuperAmerica waived the review period set <br /> <br />forth in Minn. Stat. ~ 15.99 and further alleges that SuperAmerica waived its rights under Minn. <br /> <br />State ~ 15.99. <br /> <br />12. Answering paragraph 16 of the Complaint, the City admits that as of July 1, 1998 <br /> <br />the City had not acted on SuperAmerica's application. The City affirmatively alleges that it did not <br /> <br />act on those applications because SuperAmerica requested the City not to do so at the May 6, 1997 <br /> <br />JJT-148470 <br />BE295-48 <br /> <br />3 <br />