LP-325 - Laserfiche WebLink

Home Browse Search

meeting and the City never received any further requests from SuperAmerica to act on the applications. The City admits that on or about July 1, 1998 SuperAmerica filed construction plans and a building permit application with the City. The City affirmatively alleges that the construction plans that were submitted with the building permit application were not consistent with the plans submitted by SuperAmerica in March, 1997. Specifically, the construction plans permit show only a five-foot setback along Rice Creek Road, not an eight-foot setback. The City admits that it has advised SuperAmerica that the building permit application cannot be approved until site plan approval has been obtained. 13. Answering paragraph 17 of the Complaint, the City admits that SuperAmerica's attorney wrote a letter dated July 10, 1998 and that a true copy of that letter is attached to the Complaint. The City alleges that the letter speaks for itself. The City affirmatively alleges that Minn. Stat. ~ 15.99 does not preclude the City from acting on the applications that were submitted on or about March 28, 1997. 14. Answering paragraph 18 of the Complaint, the City states that the statute speaks for itself. 15. The City denies the allegations in paragraphs 20, 22, 23, and 25 of the Complaint. AFFIRMATIVE DEFENSES 1. The Complaint fails to state a claim upon which relief can be granted. 2. The Complaint is barred by the doctrine of laches. 3. Plaintiff is precluded from seeking equitable relief by the doctrine of unclean hands. 4. Plaintiff has waived its rights under Minn. Stat. ~ 15.99. 5. Plaintiff is estopped from asserting its rights under Minn. Stat. ~ 15.99. JIT-148470 BE295-48 4