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... HUGH D. JAEGER ATTORNEY .AND CoUNSELOR .AT; LAw 1!5612 HIGHW.AY 7; SUITE 242 MINNETONKA. MINNESOTA !5!5343 TELEPHONE (6'12) 83B.l B6e December 1, 1981 Mayor and City Council City of New Brighton 803 5th. Avenue N.W. New Brighton, Minnesota 55112 Re: Thomas Boudreau Hearing December 8, 1981 Dear Mayor and Councilpersons: In response to Ms. Archer's letter of November 23, 1981, a continuance of the matter is requested until April 1982, due to Mr. Boudreau's absence from the Country while on temporary duty on a Department of Defense project in Japan. Please find a letter from Sperry Univac attached hereto explaining the circumstances. For the Council's information, a Motion was made at the request of the Prosecutor on November 30, 1981, requesting a continuance of the criminal proceeding against Mr. Boudreau, which was granted by Judge Kelly until April 1982, based on the following facts: that, such delay wO'l!ld not- prej1,!dice ~either parties I rights;" that the time-requested wasn-ot unreasonable; and that First Amend- ment Freedom of Speech rights, as well as Interstate Commerce rights were issues which were important for granting the Motion and contin- uance until the Defendant returns from his duty. Likewise, it is deemed reasonable that the Council should act accordingly in granting the continuance of the matter in lightofHthe Court's continuance. I have reviewed Ms. Archer's letter and bring to light that she, as well as former Inspector Mr. Pangborn, will be called to testify at Trial in that both instructed the Defendant to finish erection of his tower while applying for the permit, and the records show that such would be granted until a turnabout was made for some unknown reason. While the letter alleges safety and code compliance, such is deemed unworthy of not granting a contin- uance and merely serves to cloud the issues at hand. It is brought to the Council's attention that my client has also notified the City that other structures were erected after (/ his tower, and my client asserts that it appears that the ordinance is being discriminatorily enforced.