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<br />HUGH D. JA.EGER <br /> <br />ATTORNEY AND CoUNSELOR A11 LAw <br />Ul612 HIGHWAY 7. SUITE: 242 <br />MINNETONKA, MINNESOTA 55343 <br /> <br />TEl..EPHONE (6't2) 938.t866 <br /> <br />Certified Mail <br />Return Receipt <br /> <br />May 11, 1981 <br /> <br />Vernon Pedersen, City Clerk <br />City of New Brighton <br />803 5th Avenue Northwest <br />New Brighton, Minnesota 55112 <br /> <br />Dear Sir: <br /> <br />Thomas Boudreau has retained this firm in the tower matter. <br />The firm requests that this letter be forwarded to your <br />counsel. In the future, all correspondence from your city <br />or employees should be directed from your attorney to the <br />firm. <br /> <br />After review of the city's May 14, 1980 memo and based on <br />instructions and directions to my client from Mr. Pangburn, <br />it is apparent that this matter should have now been granted. <br /> <br />In light of the City promulgating new statutes, it is also <br />evident that the_' Boudreau matter should be held in abeyance <br />until adoption of the same and then approved. The record <br />shows that the City has all specifications and structural <br />drawings for the tower. Structure calculations can be <br />provided as desired. <br /> <br />Your counsel's attention is directed to recent California <br />decisions in similar cases where a city was ordered to pay <br />defendant's attorney's fees based on actions by city for <br />denying approval of an antenna tower. Counsel attention <br />is also directed to the St. Louis Park, Minnesota Supreme <br />Court decision regarding a tower matter. <br /> <br />In view of the above, the City is requested to review and <br />approve the special use permit for the tower. Counsel <br />is requested to telephone the undersigned at their earliest <br />convenience. <br /> <br />Sincerely, <br /> <br />+-P~ <br /> <br />Hugh D. Jaeger <br /> <br />HDJ:ho <br />