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<br />jO <br /> <br />"~,"~....vj"""""-'-",,",~._~,;..,."',,:,,,\... <br /> <br /><<.....'...~"'.:..L;."-~_~.~.........,,;~.;...;O':"'-\........;;.;;...; <br /> <br />~:...;"""-'~._o.~...c:.-"'~"."'_,..,......'"'..,...,'_.... <br /> <br /> <br />./ <br /> <br />/' <br /> <br />III <br /> <br />In the Spring of 1980, the defendant was c~~:.,cLed by <br />Mr. Pangborn, the Building Inspector for the :1 ty of .,<OW Brighton. <br />A meeting was held in April of 1980 at the residence of the <br />defendant at which time the tower was inspected and the <br />defendant was told by Mr. Pangborn to complete the installation <br /> <br />guying of the tower and to submit certain documents, and no <br /> <br />"Red Tag" was issued. <br /> <br />IV <br /> <br />The defendant timely submitted the documentation as <br /> <br />required and paid a filing fee to the City as requested. <br /> <br />V <br /> <br />On November 25, 1980, at a meeting of the City Council <br /> <br />there was a hearing for a Special Use Permit, SP-90, for Mr. <br /> <br />Boudreau. The applicant was present to answer questlons and <br /> <br />no one else appeared to speak to the subject. The C0uncil <br /> <br />on motion denied the application. <br /> <br />VI <br /> <br />Mr. Pangborn, the City Building Inspector, at no time <br />stated either to Mr. Boudreau or in testimony before the Court <br />that the subject structure was dangerous or in apyway unsafe. <br /> <br />VII <br /> <br />On May 20, '1981, the defendant, Thomas K. Boudreau, was <br /> <br />cited for a violation of the City's building code. <br /> <br />VIII <br /> <br />In August of 1981, the City of New Brighton enacted a new <br /> <br />ordinance relating to radio antenna towers and Mr. Boudreau <br /> <br />was again requesting to make a new application and paid a <br /> <br />filing fee. On December 8th, 1981 the City Council denied the <br /> <br />defendant's application <br /> <br />-2- <br /> <br />"/ <br /> <br /> <br />