Post by mndapa1 on Feb 11, 2009 10:19:08 GMT -6
www.pineandlakes.com/stories/020409/news_20090204089.shtml
The City of Pine River will meet with their attorneys, again, Thursday, Feb. 5, to consider appealing the judge's decision in the recent annexation trial with Wilson Township.
The head administrative law judge ruled, Jan. 14, that the city could not annex a portion of Wilson Township into the city boundaries.
At that time the city was given 30 days to appeal the decision to Cass County District Court, if they wanted to.
The city council gathered Jan. 29 with their attorneys to consider legal strategy and options for a possible appeal. The meeting was closed to the public due to attorney-client privilege, an exception in the Minnesota Open Meeting Law.
The city's attorneys are Christopher Hood and Robert Scott, (Flaherty & Hood P.A.) of St. Paul.
Pine River Mayor Jim Sabas said that the council was given a lot of information from the attorneys at the Jan. 29 meeting - and councilors agreed that they needed more time before making a decision.
"We all thought maybe we should just hold on, and sit and think about this information a little bit and see if we really want to appeal it or not," Sabas said.
During a Tuesday interview Sabas said that there was no consensus yet among the councilors either for or against appealing the judge's decision.
"It's just a matter of putting all of our information together and seeing if we want to do it or not," he said.
The mayor also said that he has received little feedback from citizens regarding whether the city should appeal. He said that he did hear from one individual who recommended that the city appeal the judge's decision.
They'll meet again at 5 p.m. on Feb. 5 at city hall in closed session.
The city has the option to appeal the judge's decision, but so do others.
Laws regarding Municipal Boundary Adjustments allow for anyone "aggrieved" by the judge's decision to file for an appeal within 30 days of the order.
The following are grounds for appeal:
The order was issued without jurisdiction to act.
The order exceeded the orderer's jurisdiction.
The order is arbitrary, fraudulent, capricious or oppressive or in unreasonable disregard of the best interest of the territory affected.
The order is based upon an erroneous theory of law.
My OPEN LETTER TO THE SITY OF PINE RIVER:
OPEN LETTER TO THE CIITIZENS OF PINE RIVER
When are the taxpayers going to say enough is enough. Pine River wasted thousands of dollars trying to force their neighbors to the south in Wilson Township to give up their ability to decide what is best for their area. Wilson Township wanted to avoid the legal and costly pursuit of annexation, but were forced to defend itself from what would classically be called a hostile takeover and also spent thousands of dollars. With total cost to both communities over a quarter million dollars.
So the City of Pine River sued and forced it into a trial….and lost. Now, what the City asked for is not good enough? They know better than the state that prescribed the statutes they themselves wanted to pervert? When are the people of Pine River going to hold the elected officials accountable? They are needlessly flushing your money down the toilet…and you sit and do nothing. The money spent on the foolish lawsuit could have been better spent improving your town instead of trying to beat your neighbors to the south over the head with something they don’t want or need.
In these hard difficult times, it just amazes me that city leaders just fathom wasting money when they should be trying to make every last cent stretch as far as possible, and make good sensible financial decisions. And now they are going to consider an appeal because they are sore losers? Come on people. The people of Pine River need to make their voices be heard and put a stop to their elected leaders. irresponsibility. Call city hall and let your voice be heard: 587-2440 or write : City of Pine River, PO Box 87, Pine River, MN 56474
Dale A.P. Anderson
Backus, MN
The City of Pine River will meet with their attorneys, again, Thursday, Feb. 5, to consider appealing the judge's decision in the recent annexation trial with Wilson Township.
The head administrative law judge ruled, Jan. 14, that the city could not annex a portion of Wilson Township into the city boundaries.
At that time the city was given 30 days to appeal the decision to Cass County District Court, if they wanted to.
The city council gathered Jan. 29 with their attorneys to consider legal strategy and options for a possible appeal. The meeting was closed to the public due to attorney-client privilege, an exception in the Minnesota Open Meeting Law.
The city's attorneys are Christopher Hood and Robert Scott, (Flaherty & Hood P.A.) of St. Paul.
Pine River Mayor Jim Sabas said that the council was given a lot of information from the attorneys at the Jan. 29 meeting - and councilors agreed that they needed more time before making a decision.
"We all thought maybe we should just hold on, and sit and think about this information a little bit and see if we really want to appeal it or not," Sabas said.
During a Tuesday interview Sabas said that there was no consensus yet among the councilors either for or against appealing the judge's decision.
"It's just a matter of putting all of our information together and seeing if we want to do it or not," he said.
The mayor also said that he has received little feedback from citizens regarding whether the city should appeal. He said that he did hear from one individual who recommended that the city appeal the judge's decision.
They'll meet again at 5 p.m. on Feb. 5 at city hall in closed session.
The city has the option to appeal the judge's decision, but so do others.
Laws regarding Municipal Boundary Adjustments allow for anyone "aggrieved" by the judge's decision to file for an appeal within 30 days of the order.
The following are grounds for appeal:
The order was issued without jurisdiction to act.
The order exceeded the orderer's jurisdiction.
The order is arbitrary, fraudulent, capricious or oppressive or in unreasonable disregard of the best interest of the territory affected.
The order is based upon an erroneous theory of law.
My OPEN LETTER TO THE SITY OF PINE RIVER:
OPEN LETTER TO THE CIITIZENS OF PINE RIVER
When are the taxpayers going to say enough is enough. Pine River wasted thousands of dollars trying to force their neighbors to the south in Wilson Township to give up their ability to decide what is best for their area. Wilson Township wanted to avoid the legal and costly pursuit of annexation, but were forced to defend itself from what would classically be called a hostile takeover and also spent thousands of dollars. With total cost to both communities over a quarter million dollars.
So the City of Pine River sued and forced it into a trial….and lost. Now, what the City asked for is not good enough? They know better than the state that prescribed the statutes they themselves wanted to pervert? When are the people of Pine River going to hold the elected officials accountable? They are needlessly flushing your money down the toilet…and you sit and do nothing. The money spent on the foolish lawsuit could have been better spent improving your town instead of trying to beat your neighbors to the south over the head with something they don’t want or need.
In these hard difficult times, it just amazes me that city leaders just fathom wasting money when they should be trying to make every last cent stretch as far as possible, and make good sensible financial decisions. And now they are going to consider an appeal because they are sore losers? Come on people. The people of Pine River need to make their voices be heard and put a stop to their elected leaders. irresponsibility. Call city hall and let your voice be heard: 587-2440 or write : City of Pine River, PO Box 87, Pine River, MN 56474
Dale A.P. Anderson
Backus, MN
The City of Pine River is appealing a recent decision denying their request to annex a portion of nearby Wilson Township.
