00-0594R

RESOLUTION REQUESTING THAT THE APPEAL IN DEMOLITION LANDFILL SERVICES LLC VS. CITY OF DULUTH BE DISMISSED AND THAT NO FURTHER LEGAL ACTION BE TAKEN.

BY COUNCILOR EDWARDS:

RESOLVED, city council of the city of Duluth hereby finds that it is not in the best interests of the city and of its citizens to pursue further legal action in the matter of Demolition Landfill Services, LLC vs. city of Duluth, which case bears Appellate Court Case No. C7-00-81.

FURTHER RESOLVED, that the proper city officials are hereby requested to dismiss the city's appeal to the Minnesota state supreme court in the above-referenced matter and to comply fully with the decision of the court of appeals in this matter.


STATEMENT OF PURPOSE:  The purpose of this resolution is to request the administration to dismiss the recently-filed appeal in the Demolition Landfill Services (the "plaintiff") case and to comply with the decision of the court of appeals in this matter.

The plaintiff in this case had sought a special use permit to operate a temporary landfill on property owned by it in West Duluth. The city had denied the application and the plaintiff sued the city for a order requiring the city to issue the special use permit for the landfill operation and, in addition, requested damages from the city in the amount of $176,000.

The district court agreed with the city's position and refused to issue an order requiring the issuance of the special use permit. The plaintiffs appealed that decision to the court of appeals which overturned the district court and ruled that the lower court had erred in determining that the city had properly refused to issue the special use permit. The issue of damages was not addressed.

On August 23rd, the city attorney's office filed an appeal of the court of appeals decision to the state supreme court.

This resolution would request that the city dismiss that appeal and allow the matter of damages to proceed in accordance with the court's determination.