HomeMy WebLinkAbout2001-08-21 CA Ltr to OPH Re Stormwater Mgmt Authority JurisdictionF2
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J ames F. Lammers
Robert G. Bri
Mark J. Vierlin
Thomas J . Weidner
Susan D. Olson -�-
David K. Sn
Timoth M. Kelle
1835 Northwestern Avenue
Stillwater, Minnesota 55082
(651) 439-2878
FAX (651) 439-2923
Writer's Direct Dial: (651) 351-2118
Paul A. Wolff
(1944-1996)
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L J. Eckber
Of Counsel
*Qualified Neutral Arbitrator
* Certified Real Estate Specialist
�Qualified Neutral Mediator
Au 21, 2001
VIA FACSIMILE & U. S. MAIL
(651) 439-0574
Ms. Kris Danielson
Conu-nunit Development Director
Cit of Oak Park Hei
14168 - 57th Street North
P.O. Box 2007
Oak Park Hei MN 55082
Dear Kris:
LAW OFFICES OF
g , Lammers, Bri Wolff & Vierlin P.L.L.P.
Re: Si Carpets Application
Question of Jurisdiction/Stormwater Mana Authorit
A q uestion has arisen relative to the authorit of stormwater mana within the
Cit of Oak Park Hei in terms of which g overnment entit has the current jurisdiction to
determine stormwater flows, etc. within the communit
Althou there is an appeal pendin with the Minnesota Court of Appeals relative to
the orders of the Minnesota Board of Water and Soil Resources of Januar 24, 2001, the Board of
Water and Soil Resources orders are, nonetheless, jurisdictional and effective until such time as the
would be reversed b the Court of Appeals. Conse their order assi the Cit of Oak
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Park H ei g hts to Brown's Creelf-I.-L Watershed District for purposes of watershed authorit is effective
and does assi stormwater mana issues to Brown's Creek Watershed District for purposes
of authorit at the present time. Obviousl that directive could chan should the Court of Appeals
issue its order in a manner so as to reverse that directive however, until such time as that would
occur the Board of Water and Soil Resources is the jurisdictional authorit on stormwater
mana issues within the communit
Yours ver trul
Mark J. Vierlin
MJV/dcb
cc: Kim Kamper, Actin Cit Administrator