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01-1142��l�i��AL Council File # o � _ 114 � Green Sheet # � � 1 Q Y RESOLUTION CITY Presented By Referred To PAUL, MINNESOTA �� Committee: Date 1 WHEREAS, the Court of Appeals has issued a writ of certiorari to the City Clerk of Saint 2 Paul regarding Council File No. O1-760 regazding the demolition of 790 Selby Avenue and has 3 the authority to stay the enforcement of the council resolution to protect the subject matter of the 4 appeal pursued by property owner Manoucher Rostamkhani; and 6 WHEREAS, property owner Manoucher Rostamkhani has filed a request before the City 7 Council asking for a Stay of the Council Resolution pending an Appeal by the Minnesota Court 8 of Appeals; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the Court of Appeals in the past has remanded a certiorari appeai back to the City Council to impose reasonable terms and conditions of a stay pending appeal and the City wishes to avoid any fiu delays in the abatement action; and WHEREAS, the Code Enforcement inspectors haue received reports about junk cazs, drug activity and debris at 790 Selby Avenue WHEREAS, the City risks claims for damages arising out of this nuisance condition; now therefore, be it RESOLVED, that the City Council will stay the enforcement of its resolution, Council File No. O1-760, to demolish the building at 790 Selby upon the following reasonable terms and conditions which it finds will adequately protect the health and safety of the City and its citizens the stay will remain in effect until the conclusion of the appeal before the Minnesota Court of Appeals: 1 2 3 4 5 6 7 8 9 10 11 12 13 1) Property owner Manoucher Rostamkhani shall be responsible for the exterior maintenance and security of the property at 790 Selby, 2) Properiy owner will indemnify the City of St. Paul to the extent of its statutory limit of tort liability of six hundred thousand dollazs ($600,000.00) and any increase in such limits that may later become law. 0►-11`{} Requested by Department of: �,L �Ii.� t.t�.n�.��.�' BY ' �� 3' ug� Form Approved by City Attorney By: Adoption Certified by Council Secretary for Submissiori to Council &y' T��--6�� Y - By: Approved by Mayor: Date __E�� 9f�/ P� -�+ By: ,�/�� ///' Adopted by Council: Date lJ c� , ° cL.� �� 4� GREEN SHEET * �nl�.,t.,t � �::,�,,,�:�_.::, TOTAL # OF SIGNATURE PAC,ES Ol�llya No��OU u �.,�,�.� u «ry�— ❑�,.,.� PV(t,.�._ ❑�«� ❑,�� ❑.«.�.,Q,,,,�a ❑..,��„m..,�, ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) �eSa�w�tsy fy�rS�uR., W�� d�C.flow0 . ( PLANNING CAMMISSION ' CIB CAMMITTEE . CML SERVICE CAMMISSION W o� CeVh�sr�t g Hac mie ce��n e�er wwkea ��aer a w� ro.mre �am�em7 YES NO Hea Mb pereoNfi,m ever been a crtY emdoY� YES NO Oces thie P�rm D� a sldll nak namalypoese�tl M anY curteM iaty emP�7 YES NO' k thin pnaomhrm a tarpeted vendoY! YF_S NO b� fk� A�tN. P,o�,F e� ft�u.l5. �,.�Id�°j w�,l.l ,nw�a,v�, a nutia�e..e. VIhQ.�. �l Su�- dp.F.f� 'b �.awnu� � C�F ��Na� a�� f'�aU�l'� OF TRANSACTION S COST/REVENUE BUDfiETED (CIRCLE ONE) VES NO SOURCE ACTMTYNUMBER INFORMATION (EXPWI� CITY OF SAINT PAUL Norm Colemars, Mayor October 18, 2001 Daniel Bostrom Council President Third Floor, City Hall 15 West Kellogg Boulevazd Saint Paul, MN 55102 RE: Manoucher Rostamkhani v. City of St. Paul (Property at 790 Selby, C.F. O1-760) Dear Council President Bostrom: OFFICE OF THE CITY ATTORNEY � Clayton M. Robinson, Jr., CiryAttorney � �� civit Division 400CityHall Telephone:651266-8770 I S West Kellogg Blvd. Facsimi[e: 657 298-56I9 SaintPau[, Minnesota 55102 Attached is a copy of a request for a stay of execution of the council's resolution to demolish the building at 790 Selby Avenue within 15 days of the resolution. I ask that the request be placed on the Council agenda for public hearing on October 24, 2001. The request is brought by the property owner, Manoucher Rostamkhani, and his attorney, Tim Cook. The property owner filed an appeal of the counciPs decision with the Court of Appeals on Friday October 12, 2001. According to the rules of appellate procedure, it is appropriate for the council to hear the request. If the property owner is unhappy with the results of the stay, he has the option of moving the Court of Appeals for a stay. The council may deny the request, grant the request for a stay without conditions, or grant a stay with conditions that would reasonably protect the city and its citizens during the pendency of the appeal. If fhe council denies the request for a stay, the court of appeals may decide to stay the action anyway and may remand the matter back to the council for consideration of appropriate conditions. Although the council has now authorized demolition of the nuisance building at 790 Selby the building still stands because of administrative requirements in the demolition process and the imprudent risk of precipitous action in the face of certain litigation. Considering the request will avoid further potential delays in ultimately enforcing the council's demolition resolurion. As legal counsel for the Vacant Buildings Department, Division of Code Enforcement, I would ask the council to consider granting the stay with the conditions set forth in our own proposed resolutions (a copy is also attached). We are mindfixl that the Court of Appeals may consider p �� 11y� such conditions subsequent to the council's decision. Indaed, under the law the property owner is generally entitled to a stay upon the posting security to protect the city from financial loss caused by a delay in enforcement of the council's order. See Minn. R. Civ. App. P. 108.1 (2001). The property owner did file a bond in the amount of $500.00. However, the Vacant Buildings Department does not believe such a bond will adequately address the health and safety concerns of the public. Accordingly, the conditions that appear in the proposed resolufion are designed to hold the property owner strictly responsible for the maintenance of the property and financially protect the city against any claims arising out of this public nuisance during the appeal process. On behalf of the Deparhnent of Vacant Buildings, I respectfully request that you seek the consent of the city council to consider the property owner's request and our own proposed resolution with conditions at the October 24, 2001 meeting of the city council. Truly yours, ` Meghan . Riley � � Assistant ity Attorney � Attorney for Division of Code Enfarcement cc: Members of City Council Mayor Norm Coleman Nancy Anderson, Council Secretary Tim Cook, Esq., attorney for Manoucher Rostamkhani Enc.: Property owner request for stay Proposed resolution recommended by vacant buildings ol-li`1�- REPLY 70 MOORE, COSTELLO & HART, P.L.L.P. A Professional Limited Liability Partnership ATTORNEYS WRI7ER'S DIRECT DIAL NUMBER MINNEAPOLIS OFFICE October 12, 2001 PERSONAL SERVICE FREDERICK K OWUSU ST PAUL CITY CLERK 170 CITY HALL 15 WEST KELLOGG BLVD ST PAUL MN 55102 Re: (612)395-8657 tcc@mch-pllp.com RGI.lG� V G� OCT 12 2G�1 CITY ATT4RNEY Manoucher Rostamkhani v. City of St. Paul SERVICE OF WRIT OF CERTIORARI ISSUED BY MINNESOTA COURT OF APPEALS Dear City Clerk Owusu: This office represents Manoucher Rostamldiani, an owner of property within the City of St. Pau1 at 790 SeIby Avenue fhat is subject to a pending City resolution fle no. O1-760 calling for demolition of the property. I am enclosing herewith, and personally serving upon you, in your capacity as City CIerk, the following: Writ of Certiarari issued by the Clerk of Appellate Courts; 2. Copy of Petition for Writ of Certiorari; 3. Copy of Petitioner's Statement of fhe Case; 4. Our firm's check in the amount of $500 as the cost deposit required under Minn. R. Civ. App. P. 107. Based on my earlier conversations with St. Paul City Attorney Meghan Riiey, and under the authority of Rule 108 (subd. 7), the filing of the cost deposit operates to stay 1400 NORWEST CENTER • 55 E FIFTH ST • ST. PAUL, MN 55101-1792 • TEL. (651) 227-7683 • FAX (651) 602-2670 701 FOURTH AVENUE SOUTH • SUITE 1350 • MINNEAPOLIS, MN 55415-1823 • TEL. (612) 673-0148 • FAX (612) 395-8600 o �-llti}- Frederick K. Owusu October 12, 2001 Page 2 fiuther proceedings on the Cify's resolution, and the planned demolition of the property, pending completion of the certiorari review. Please make sure that whatever arrangements aze necessaty by the Councii, City officials, and the demolition team aze made to stop demolition work on the 790 Selby Avenue property from proceeding until this matter is further reviewed by fhe Court of Appeals, or unril we are able to reach a negotiated resolu6on with the City. I am, by copy of this letter, also serving St� Paul City Attorney Meghan Riley with copies of the above. :Imf Enclosures I� cc/enc: Meghan 12iley, Esq. (personal service) Manoucher Rostamkhani MPLS:35913.1/63931-6 ��l�i��AL Council File # o � _ 114 � Green Sheet # � � 1 Q Y RESOLUTION CITY Presented By Referred To PAUL, MINNESOTA �� Committee: Date 1 WHEREAS, the Court of Appeals has issued a writ of certiorari to the City Clerk of Saint 2 Paul regarding Council File No. O1-760 regazding the demolition of 790 Selby Avenue and has 3 the authority to stay the enforcement of the council resolution to protect the subject matter of the 4 appeal pursued by property owner Manoucher Rostamkhani; and 6 WHEREAS, property owner Manoucher Rostamkhani has filed a request before the City 7 Council asking for a Stay of the Council Resolution pending an Appeal by the Minnesota Court 8 of Appeals; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the Court of Appeals in the past has remanded a certiorari appeai back to the City Council to impose reasonable terms and conditions of a stay pending appeal and the City wishes to avoid any fiu delays in the abatement action; and WHEREAS, the Code Enforcement inspectors haue received reports about junk cazs, drug activity and debris at 790 Selby Avenue WHEREAS, the City risks claims for damages arising out of this nuisance condition; now therefore, be it RESOLVED, that the City Council will stay the enforcement of its resolution, Council File No. O1-760, to demolish the building at 790 Selby upon the following reasonable terms and conditions which it finds will adequately protect the health and safety of the City and its citizens the stay will remain in effect until the conclusion of the appeal before the Minnesota Court of Appeals: 1 2 3 4 5 6 7 8 9 10 11 12 13 1) Property owner Manoucher Rostamkhani shall be responsible for the exterior maintenance and security of the property at 790 Selby, 2) Properiy owner will indemnify the City of St. Paul to the extent of its statutory limit of tort liability of six hundred thousand dollazs ($600,000.00) and any increase in such limits that may later become law. 0►-11`{} Requested by Department of: �,L �Ii.� t.t�.n�.��.�' BY ' �� 3' ug� Form Approved by City Attorney By: Adoption Certified by Council Secretary for Submissiori to Council &y' T��--6�� Y - By: Approved by Mayor: Date __E�� 9f�/ P� -�+ By: ,�/�� ///' Adopted by Council: Date lJ c� , ° cL.� �� 4� GREEN SHEET * �nl�.,t.,t � �::,�,,,�:�_.::, TOTAL # OF SIGNATURE PAC,ES Ol�llya No��OU u �.,�,�.� u «ry�— ❑�,.,.� PV(t,.�._ ❑�«� ❑,�� ❑.«.�.,Q,,,,�a ❑..,��„m..,�, ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) �eSa�w�tsy fy�rS�uR., W�� d�C.flow0 . ( PLANNING CAMMISSION ' CIB CAMMITTEE . CML SERVICE CAMMISSION W o� CeVh�sr�t g Hac mie ce��n e�er wwkea ��aer a w� ro.mre �am�em7 YES NO Hea Mb pereoNfi,m ever been a crtY emdoY� YES NO Oces thie P�rm D� a sldll nak namalypoese�tl M anY curteM iaty emP�7 YES NO' k thin pnaomhrm a tarpeted vendoY! YF_S NO b� fk� A�tN. P,o�,F e� ft�u.l5. �,.�Id�°j w�,l.l ,nw�a,v�, a nutia�e..e. VIhQ.�. �l Su�- dp.F.f� 'b �.awnu� � C�F ��Na� a�� f'�aU�l'� OF TRANSACTION S COST/REVENUE BUDfiETED (CIRCLE ONE) VES NO SOURCE ACTMTYNUMBER INFORMATION (EXPWI� CITY OF SAINT PAUL Norm Colemars, Mayor October 18, 2001 Daniel Bostrom Council President Third Floor, City Hall 15 West Kellogg Boulevazd Saint Paul, MN 55102 RE: Manoucher Rostamkhani v. City of St. Paul (Property at 790 Selby, C.F. O1-760) Dear Council President Bostrom: OFFICE OF THE CITY ATTORNEY � Clayton M. Robinson, Jr., CiryAttorney � �� civit Division 400CityHall Telephone:651266-8770 I S West Kellogg Blvd. Facsimi[e: 657 298-56I9 SaintPau[, Minnesota 55102 Attached is a copy of a request for a stay of execution of the council's resolution to demolish the building at 790 Selby Avenue within 15 days of the resolution. I ask that the request be placed on the Council agenda for public hearing on October 24, 2001. The request is brought by the property owner, Manoucher Rostamkhani, and his attorney, Tim Cook. The property owner filed an appeal of the counciPs decision with the Court of Appeals on Friday October 12, 2001. According to the rules of appellate procedure, it is appropriate for the council to hear the request. If the property owner is unhappy with the results of the stay, he has the option of moving the Court of Appeals for a stay. The council may deny the request, grant the request for a stay without conditions, or grant a stay with conditions that would reasonably protect the city and its citizens during the pendency of the appeal. If fhe council denies the request for a stay, the court of appeals may decide to stay the action anyway and may remand the matter back to the council for consideration of appropriate conditions. Although the council has now authorized demolition of the nuisance building at 790 Selby the building still stands because of administrative requirements in the demolition process and the imprudent risk of precipitous action in the face of certain litigation. Considering the request will avoid further potential delays in ultimately enforcing the council's demolition resolurion. As legal counsel for the Vacant Buildings Department, Division of Code Enforcement, I would ask the council to consider granting the stay with the conditions set forth in our own proposed resolutions (a copy is also attached). We are mindfixl that the Court of Appeals may consider p �� 11y� such conditions subsequent to the council's decision. Indaed, under the law the property owner is generally entitled to a stay upon the posting security to protect the city from financial loss caused by a delay in enforcement of the council's order. See Minn. R. Civ. App. P. 108.1 (2001). The property owner did file a bond in the amount of $500.00. However, the Vacant Buildings Department does not believe such a bond will adequately address the health and safety concerns of the public. Accordingly, the conditions that appear in the proposed resolufion are designed to hold the property owner strictly responsible for the maintenance of the property and financially protect the city against any claims arising out of this public nuisance during the appeal process. On behalf of the Deparhnent of Vacant Buildings, I respectfully request that you seek the consent of the city council to consider the property owner's request and our own proposed resolution with conditions at the October 24, 2001 meeting of the city council. Truly yours, ` Meghan . Riley � � Assistant ity Attorney � Attorney for Division of Code Enfarcement cc: Members of City Council Mayor Norm Coleman Nancy Anderson, Council Secretary Tim Cook, Esq., attorney for Manoucher Rostamkhani Enc.: Property owner request for stay Proposed resolution recommended by vacant buildings ol-li`1�- REPLY 70 MOORE, COSTELLO & HART, P.L.L.P. A Professional Limited Liability Partnership ATTORNEYS WRI7ER'S DIRECT DIAL NUMBER MINNEAPOLIS OFFICE October 12, 2001 PERSONAL SERVICE FREDERICK K OWUSU ST PAUL CITY CLERK 170 CITY HALL 15 WEST KELLOGG BLVD ST PAUL MN 55102 Re: (612)395-8657 tcc@mch-pllp.com RGI.lG� V G� OCT 12 2G�1 CITY ATT4RNEY Manoucher Rostamkhani v. City of St. Paul SERVICE OF WRIT OF CERTIORARI ISSUED BY MINNESOTA COURT OF APPEALS Dear City Clerk Owusu: This office represents Manoucher Rostamldiani, an owner of property within the City of St. Pau1 at 790 SeIby Avenue fhat is subject to a pending City resolution fle no. O1-760 calling for demolition of the property. I am enclosing herewith, and personally serving upon you, in your capacity as City CIerk, the following: Writ of Certiarari issued by the Clerk of Appellate Courts; 2. Copy of Petition for Writ of Certiorari; 3. Copy of Petitioner's Statement of fhe Case; 4. Our firm's check in the amount of $500 as the cost deposit required under Minn. R. Civ. App. P. 107. Based on my earlier conversations with St. Paul City Attorney Meghan Riiey, and under the authority of Rule 108 (subd. 7), the filing of the cost deposit operates to stay 1400 NORWEST CENTER • 55 E FIFTH ST • ST. PAUL, MN 55101-1792 • TEL. (651) 227-7683 • FAX (651) 602-2670 701 FOURTH AVENUE SOUTH • SUITE 1350 • MINNEAPOLIS, MN 55415-1823 • TEL. (612) 673-0148 • FAX (612) 395-8600 o �-llti}- Frederick K. Owusu October 12, 2001 Page 2 fiuther proceedings on the Cify's resolution, and the planned demolition of the property, pending completion of the certiorari review. Please make sure that whatever arrangements aze necessaty by the Councii, City officials, and the demolition team aze made to stop demolition work on the 790 Selby Avenue property from proceeding until this matter is further reviewed by fhe Court of Appeals, or unril we are able to reach a negotiated resolu6on with the City. I am, by copy of this letter, also serving St� Paul City Attorney Meghan Riley with copies of the above. :Imf Enclosures I� cc/enc: Meghan 12iley, Esq. (personal service) Manoucher Rostamkhani MPLS:35913.1/63931-6 ��l�i��AL Council File # o � _ 114 � Green Sheet # � � 1 Q Y RESOLUTION CITY Presented By Referred To PAUL, MINNESOTA �� Committee: Date 1 WHEREAS, the Court of Appeals has issued a writ of certiorari to the City Clerk of Saint 2 Paul regarding Council File No. O1-760 regazding the demolition of 790 Selby Avenue and has 3 the authority to stay the enforcement of the council resolution to protect the subject matter of the 4 appeal pursued by property owner Manoucher Rostamkhani; and 6 WHEREAS, property owner Manoucher Rostamkhani has filed a request before the City 7 Council asking for a Stay of the Council Resolution pending an Appeal by the Minnesota Court 8 of Appeals; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the Court of Appeals in the past has remanded a certiorari appeai back to the City Council to impose reasonable terms and conditions of a stay pending appeal and the City wishes to avoid any fiu delays in the abatement action; and WHEREAS, the Code Enforcement inspectors haue received reports about junk cazs, drug activity and debris at 790 Selby Avenue WHEREAS, the City risks claims for damages arising out of this nuisance condition; now therefore, be it RESOLVED, that the City Council will stay the enforcement of its resolution, Council File No. O1-760, to demolish the building at 790 Selby upon the following reasonable terms and conditions which it finds will adequately protect the health and safety of the City and its citizens the stay will remain in effect until the conclusion of the appeal before the Minnesota Court of Appeals: 1 2 3 4 5 6 7 8 9 10 11 12 13 1) Property owner Manoucher Rostamkhani shall be responsible for the exterior maintenance and security of the property at 790 Selby, 2) Properiy owner will indemnify the City of St. Paul to the extent of its statutory limit of tort liability of six hundred thousand dollazs ($600,000.00) and any increase in such limits that may later become law. 0►-11`{} Requested by Department of: �,L �Ii.� t.t�.n�.��.�' BY ' �� 3' ug� Form Approved by City Attorney By: Adoption Certified by Council Secretary for Submissiori to Council &y' T��--6�� Y - By: Approved by Mayor: Date __E�� 9f�/ P� -�+ By: ,�/�� ///' Adopted by Council: Date lJ c� , ° cL.� �� 4� GREEN SHEET * �nl�.,t.,t � �::,�,,,�:�_.::, TOTAL # OF SIGNATURE PAC,ES Ol�llya No��OU u �.,�,�.� u «ry�— ❑�,.,.� PV(t,.�._ ❑�«� ❑,�� ❑.«.�.,Q,,,,�a ❑..,��„m..,�, ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) �eSa�w�tsy fy�rS�uR., W�� d�C.flow0 . ( PLANNING CAMMISSION ' CIB CAMMITTEE . CML SERVICE CAMMISSION W o� CeVh�sr�t g Hac mie ce��n e�er wwkea ��aer a w� ro.mre �am�em7 YES NO Hea Mb pereoNfi,m ever been a crtY emdoY� YES NO Oces thie P�rm D� a sldll nak namalypoese�tl M anY curteM iaty emP�7 YES NO' k thin pnaomhrm a tarpeted vendoY! YF_S NO b� fk� A�tN. P,o�,F e� ft�u.l5. �,.�Id�°j w�,l.l ,nw�a,v�, a nutia�e..e. VIhQ.�. �l Su�- dp.F.f� 'b �.awnu� � C�F ��Na� a�� f'�aU�l'� OF TRANSACTION S COST/REVENUE BUDfiETED (CIRCLE ONE) VES NO SOURCE ACTMTYNUMBER INFORMATION (EXPWI� CITY OF SAINT PAUL Norm Colemars, Mayor October 18, 2001 Daniel Bostrom Council President Third Floor, City Hall 15 West Kellogg Boulevazd Saint Paul, MN 55102 RE: Manoucher Rostamkhani v. City of St. Paul (Property at 790 Selby, C.F. O1-760) Dear Council President Bostrom: OFFICE OF THE CITY ATTORNEY � Clayton M. Robinson, Jr., CiryAttorney � �� civit Division 400CityHall Telephone:651266-8770 I S West Kellogg Blvd. Facsimi[e: 657 298-56I9 SaintPau[, Minnesota 55102 Attached is a copy of a request for a stay of execution of the council's resolution to demolish the building at 790 Selby Avenue within 15 days of the resolution. I ask that the request be placed on the Council agenda for public hearing on October 24, 2001. The request is brought by the property owner, Manoucher Rostamkhani, and his attorney, Tim Cook. The property owner filed an appeal of the counciPs decision with the Court of Appeals on Friday October 12, 2001. According to the rules of appellate procedure, it is appropriate for the council to hear the request. If the property owner is unhappy with the results of the stay, he has the option of moving the Court of Appeals for a stay. The council may deny the request, grant the request for a stay without conditions, or grant a stay with conditions that would reasonably protect the city and its citizens during the pendency of the appeal. If fhe council denies the request for a stay, the court of appeals may decide to stay the action anyway and may remand the matter back to the council for consideration of appropriate conditions. Although the council has now authorized demolition of the nuisance building at 790 Selby the building still stands because of administrative requirements in the demolition process and the imprudent risk of precipitous action in the face of certain litigation. Considering the request will avoid further potential delays in ultimately enforcing the council's demolition resolurion. As legal counsel for the Vacant Buildings Department, Division of Code Enforcement, I would ask the council to consider granting the stay with the conditions set forth in our own proposed resolutions (a copy is also attached). We are mindfixl that the Court of Appeals may consider p �� 11y� such conditions subsequent to the council's decision. Indaed, under the law the property owner is generally entitled to a stay upon the posting security to protect the city from financial loss caused by a delay in enforcement of the council's order. See Minn. R. Civ. App. P. 108.1 (2001). The property owner did file a bond in the amount of $500.00. However, the Vacant Buildings Department does not believe such a bond will adequately address the health and safety concerns of the public. Accordingly, the conditions that appear in the proposed resolufion are designed to hold the property owner strictly responsible for the maintenance of the property and financially protect the city against any claims arising out of this public nuisance during the appeal process. On behalf of the Deparhnent of Vacant Buildings, I respectfully request that you seek the consent of the city council to consider the property owner's request and our own proposed resolution with conditions at the October 24, 2001 meeting of the city council. Truly yours, ` Meghan . Riley � � Assistant ity Attorney � Attorney for Division of Code Enfarcement cc: Members of City Council Mayor Norm Coleman Nancy Anderson, Council Secretary Tim Cook, Esq., attorney for Manoucher Rostamkhani Enc.: Property owner request for stay Proposed resolution recommended by vacant buildings ol-li`1�- REPLY 70 MOORE, COSTELLO & HART, P.L.L.P. A Professional Limited Liability Partnership ATTORNEYS WRI7ER'S DIRECT DIAL NUMBER MINNEAPOLIS OFFICE October 12, 2001 PERSONAL SERVICE FREDERICK K OWUSU ST PAUL CITY CLERK 170 CITY HALL 15 WEST KELLOGG BLVD ST PAUL MN 55102 Re: (612)395-8657 tcc@mch-pllp.com RGI.lG� V G� OCT 12 2G�1 CITY ATT4RNEY Manoucher Rostamkhani v. City of St. Paul SERVICE OF WRIT OF CERTIORARI ISSUED BY MINNESOTA COURT OF APPEALS Dear City Clerk Owusu: This office represents Manoucher Rostamldiani, an owner of property within the City of St. Pau1 at 790 SeIby Avenue fhat is subject to a pending City resolution fle no. O1-760 calling for demolition of the property. I am enclosing herewith, and personally serving upon you, in your capacity as City CIerk, the following: Writ of Certiarari issued by the Clerk of Appellate Courts; 2. Copy of Petition for Writ of Certiorari; 3. Copy of Petitioner's Statement of fhe Case; 4. Our firm's check in the amount of $500 as the cost deposit required under Minn. R. Civ. App. P. 107. Based on my earlier conversations with St. Paul City Attorney Meghan Riiey, and under the authority of Rule 108 (subd. 7), the filing of the cost deposit operates to stay 1400 NORWEST CENTER • 55 E FIFTH ST • ST. PAUL, MN 55101-1792 • TEL. (651) 227-7683 • FAX (651) 602-2670 701 FOURTH AVENUE SOUTH • SUITE 1350 • MINNEAPOLIS, MN 55415-1823 • TEL. (612) 673-0148 • FAX (612) 395-8600 o �-llti}- Frederick K. Owusu October 12, 2001 Page 2 fiuther proceedings on the Cify's resolution, and the planned demolition of the property, pending completion of the certiorari review. Please make sure that whatever arrangements aze necessaty by the Councii, City officials, and the demolition team aze made to stop demolition work on the 790 Selby Avenue property from proceeding until this matter is further reviewed by fhe Court of Appeals, or unril we are able to reach a negotiated resolu6on with the City. I am, by copy of this letter, also serving St� Paul City Attorney Meghan Riley with copies of the above. :Imf Enclosures I� cc/enc: Meghan 12iley, Esq. (personal service) Manoucher Rostamkhani MPLS:35913.1/63931-6