HomeMy WebLinkAbout1999-02-25 CA Ltr to Attorney McEllistrem & GehanJ anileS F. Lammers
R()I)er{ G
MdrI{ .1. Vierlin
Gre G. Gctlier•
Thomas ,J. Weidner*
S usan D. Olson*
D avid K. SB
Urosh Piletieh*
LAW OFFICES OF
Eckherg, Lammers, Briggs, Wolff Vierli
1835 Northwestern Avenue
Stillwater. Minnesota 5508
(6 51) -150-2878
l'AX (0 51) 159-
Direct Dial No.: (651) 351-2118
Mr. Thomas E. McEllistrem
Collins, Buckley, Sauntry
& Haugh, P.L.L.P.
W-1100 First National Bank Bldg.
332 Minnesota Street
St. Paul, Minnesota 55101
Mr. Mark W. Gehan
Collins, Buckley, Sauntry
& Haugh, P.L.L.P.
W-1100 First National Bank Bldg.
332 Minnesota Street
St. Paul, Minnesota 55101
Gentlemen:
February 25, 1999
P �1231
*Out Neutral Arhitrator .
•Qualikecl Neutral .\rLitrator
*Ceti ked [Zeal Estate Specialist
•Qualiliecl Neutral Mecliator
Via Fax and U.S. Mail
Re: Stillwater High School Conditional Use Permit
Petition for Peremptory Writ of Mandamus
Lyle
I have received by facsimile transmission your
correspondence of February 24, 1999. If you or your clients have
data or information which verify the need for a variance to be
applied for by Independent School District #834, I herewith demand
that you provide that information to this office before noon
tommorrow. Unsupported allegations within letters from counsel are
insufficient on this point.
Whether or not the school district would require a
variance application is irrelevant to the issues now in front of
the Planning Commission as the application there deals with the
Conditional Use Permit as originally issued and the request to
amend same.
I have reviewed the City file on the matter of mailed
notice and the application. The application has been processed and
mailed notices properly sent. Whether the applicant provided one or
twenty one copies of supporting documents is not relevant here.
Additional copies of the applicants supporting documents were made
at the city and will be charged back to the applicant.
Eekbers,?;
PA A. Wolff
094i-199(3)
Mr. Thomas E. McEllistrem
Mr. Mark W. Ge ha n
February 25, 1999
Page 2
Whether or not the Planning Commission and /or the City Council
chooses to delay public hearings or, to delay other processes is a
discretionary call by those bodies, not by your office.
It has been apparent that your clients harbor an intense
ill will toward the School District, that is certainly not in your
control. However it appears that your practice in this matter is
reflective more of that ill will than of any bona fide issue of
substance. Further unsubstantiated actions be-re the District
Court will certainly be viewed as "bad with" in /nature both on
their part and yours.
MJV /sdb
cc: Thomas Melena, City
Administrator (w/enc)
Patrick Flynn
s very uly,
Mark J. Vierli