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02-127�� `�^ � i V ; i i._. Presented By Referred To Committee_ Date 1 BE IT RESOLVED, that the proper City officers are hereby authorized and directed to 2 execute and file a Stipulation and Order for Final Judgment in the form attached, in full 3 settlement of the claims brought by DeLite Outdoor Advertising & McCullough Companies 4 against the City of Saint Paul as more fully set forth in the 5ummons and Complaint served on 5 the City on June 2, 2001. Adopted by Council: Date �.�. o�� d0� Adoption Certified by Conncil Secretary Council File # �'�— `'c�. " Green Sheet # 101108 RESOLUTION CITY OF SAINT PAUL, MINNESOTA a� Requested by Department of: _ Citv Attornev By: � ��l.iC�C�/�� Y.�`� Form Approved by City Attorney �� raa�� ,. � �,.. a 9 Peter Mikhail (266-8772) TOTAL # OF SIGNATURE PAGES �a.-1�,�; GREEN SHEET No � �� 8 u�� u��— ❑ pIYATfOpEY ❑ CRYCtiflt ❑RIUIdLiER111CFfOM. ❑NIMICMLiFR194CCf0 ❑ NYOR1�/�1 ❑ . (CUP ALL LOCATIONS FOR StGNATURE) Approva] of Stipulation concluding lawsuit of DeLite �utdoor Advertising, Inc., and McCullough Companies against the City of Saint Paul. PLANNING COMMISSION CIBCOMMf1TEE CNIL SERVICE CAMMISSION Hesn�ie pssoMfin erer wakea w�aer a conaaaraenis aepertmenr+ YES NO tiaetMc pernonlfim� erer Eeen a citY emubvee� YES NO Dces this D�fm Voaaeas a ek11 not namaltyG� bY �Y arteM ciy emPloYee� YES t� kUus PNeaVfiim a fa[0eted verMOR YES NO Resolurion of litigation on terms acceptable to City of Saint Paul. None. The lawsuit will SOURCE INFORMA710N(IXPWN) ;ed and the City will face the risk of a worse result. t cos�mEVEaueauuo�nturte�or� vES Ho ncrnm Nwas�e � « i. o�,_�a� STATB O�' MINNESOTA REIMSEY COLINTY DeLite Outdoor Advertising, Inc., a Delaware corporation, and McCullough Companies, a Minnesota parinership, Plaintiffs-Petitioners, vs. The City of Saint Paul, a municipal corporation, Defendant-Respondent. STIPULATION AND ORDER FOR FINAL JUDGMENT IT IS HEREBY STIPULATED AND AGREED by and between the parties, by and through undersigned counsel, in consideration of the mutual promises set forth herein and with the intent to fully, finally, and completely resolve a11 claims that have been brought in the above- captioned acrion, that: 2. Count 6(Denial of Equal Protection) and Count 7(Denial of Due Process and Equal Protection) of the Verified Complaint and Petition for Writ of Mandamus be dismissed with prejudice; Except as modified by Para�aph i, above, in all other respects the Court's Order dated February 5, 2002, which partially granted and partially denied the parties' cross-motions for summary judgment, shall operate with full force and effect; Final judgment be entered accordingly forthwith; and, IN DISTRICT COURT � K�5 � 1� I l� L� [� I\ I� 7[.y I �?[� Court File No.: C6-01-4824 Judee: Hon. John Van De North 4. No party shall appeal from the final judgment so entered. o a,-�a�{ Dated: � Dated: This stipulation contains the complete agreement of the parties. � MANLJEL CERVANTES City Attorney Peter G. Mikhail #2A9907 Assistani City Attorney 550 City Hall 15 West Kellogg Blvd. St. Paul, MN 55108 (651)266-8772 Attorneys for Defendant-Respondent LARKIN, HOFFMAN, DALY & LINDC�REN, LTD. Gary A. Van Cleve, # 156310 1400 Wells Fargo Plaza 7900 Xe�es Avenue South Bloomington, MN 5543 1-1 1 94 (952)896-3277 Attorneys for Plaintiffs-Petitioners 2 oa-� �� •� � Sased upon the foregoing Stipularion of the parties, it is hereby Ordered: 1. Count 6(Denial of Equal Protection) and Count 7(Denial of Due Process and Equal Protection) of the Verified Complaint and Petition for Writ of Mandamus are dismissed with prejudice. 2. Except as modified by Paragraph 1, above, in all other respects the Cour['s Order dated February 5, 2002, shall operate with full force and effect. LET JIJDGMENT BE ENTERED ACCORDINGLY FORTHWITH. Dated: BY THE COURT Honorable John B. Van de North, Jr. Judge of District Court gk,,,,,,,� 1 8 ° a' ��` 7 P 9��. tia.l. -� � ca�c�.�-.:a � -� ao, a�oa STATE OF MINNESOTA COUNTY OF RAMSEY D{STRICT COURT SECOND JUDICIAL DISTRICT DeLite Outdoor Advertising, inc., a De4aware Corporation, and McCuilough Companies, a Minnesota Partnership, Plaintiffs, vs. Court File No. C6-01-4824 ORDER The City of Saint Paul, a Municipal Corporation, Defendant. The above-entit4ed matter came an for hearing before the undersigned Judge ofi District Court on November 28, 2001, pursuant to cross-motions for summaryjudgment under Minn.R.Civ.P.56. Gary A. VanCleve, Esq., appeared on behalf of Plaintiff/Petitioner DeLite Outdoor Advertising, Inc., and McCuilough Companies (DeLite). Peter G. Mikhail and John H. Stechmann, Assistant St. Paul City Attorneys, appeared on behalf of DefendantlRespondent City of St. Paul (City}. Following the hearing, the parties made timely suppfemental written submissions. The Court took the matter under advisement. Based upon the arguments of the parties and all the information in the file, the Court makes the following: ORDER 1. DeLite's October 31, 2001 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART as foilows: (a) DeLite's permit applications for the Lafayette Site (November 14, 1997), the University Site (April 23, 1998) and the Larpenteur Site (May 22, 1998); and variance applications for the Vandalia Site (October 8, 1998), the Sne44ing Site (October 8, 1999) and the o1-tsq Maryland Site (April 2000) are deemed approved by operation of law; (b) The City is directed to issue permits and grant the variances referenced in 1(a) not later than 30 days following entry of a final judgment; (c) DeLite's request that its Take Down Proposal (September 3, 1999) be deemed approved is denied; and (d) DeLite's request for a declaration that the City's Sign Moratorium as amended by Ordinance (Vos. 00-685 and 00-686 is invalid as i(legai spot zoning and on constitutional grounds is denied. 2. The City's November 2, 2001 Motion for Summary Judgment is GRANTED IIV PART and DENIED IN PART as follows: (a) The City's requests to dismiss Counts 1, 6 and 7 of DeLite's Compiaint are denied; (b) Counts 2 and 3 of the Complaint are dismissed without prejudice; and (c) Count 4 and 5 of the Complaint are dismissed with prejudice. 3. The parties shafl each bear their own costs ant! d+sbursements in connection with the instant motions. 4. The attached Memorandum is made part of this Order and constitutes tfie CourPs Findings of Fact and Conclusions of Law to the extent required by Minn.R.Civ.P.52.01. 5. The maiiing of this Order by the court to counsel is notice of its entry for afl purposes. TNIS ORDER DOES NOT RESOLVE ALL ISSUES. ACCORDINGLY, ENTRY OF JUDGMENT IS STAYED PURSUANT TO MINN. R. C1V. P. 5A.02. flated: � — S — d �-. G2` Jo B. Van de North, Jr. udge of District Court 2 �� `�^ � i V ; i i._. Presented By Referred To Committee_ Date 1 BE IT RESOLVED, that the proper City officers are hereby authorized and directed to 2 execute and file a Stipulation and Order for Final Judgment in the form attached, in full 3 settlement of the claims brought by DeLite Outdoor Advertising & McCullough Companies 4 against the City of Saint Paul as more fully set forth in the 5ummons and Complaint served on 5 the City on June 2, 2001. Adopted by Council: Date �.�. o�� d0� Adoption Certified by Conncil Secretary Council File # �'�— `'c�. " Green Sheet # 101108 RESOLUTION CITY OF SAINT PAUL, MINNESOTA a� Requested by Department of: _ Citv Attornev By: � ��l.iC�C�/�� Y.�`� Form Approved by City Attorney �� raa�� ,. � �,.. a 9 Peter Mikhail (266-8772) TOTAL # OF SIGNATURE PAGES �a.-1�,�; GREEN SHEET No � �� 8 u�� u��— ❑ pIYATfOpEY ❑ CRYCtiflt ❑RIUIdLiER111CFfOM. ❑NIMICMLiFR194CCf0 ❑ NYOR1�/�1 ❑ . (CUP ALL LOCATIONS FOR StGNATURE) Approva] of Stipulation concluding lawsuit of DeLite �utdoor Advertising, Inc., and McCullough Companies against the City of Saint Paul. PLANNING COMMISSION CIBCOMMf1TEE CNIL SERVICE CAMMISSION Hesn�ie pssoMfin erer wakea w�aer a conaaaraenis aepertmenr+ YES NO tiaetMc pernonlfim� erer Eeen a citY emubvee� YES NO Dces this D�fm Voaaeas a ek11 not namaltyG� bY �Y arteM ciy emPloYee� YES t� kUus PNeaVfiim a fa[0eted verMOR YES NO Resolurion of litigation on terms acceptable to City of Saint Paul. None. The lawsuit will SOURCE INFORMA710N(IXPWN) ;ed and the City will face the risk of a worse result. t cos�mEVEaueauuo�nturte�or� vES Ho ncrnm Nwas�e � « i. o�,_�a� STATB O�' MINNESOTA REIMSEY COLINTY DeLite Outdoor Advertising, Inc., a Delaware corporation, and McCullough Companies, a Minnesota parinership, Plaintiffs-Petitioners, vs. The City of Saint Paul, a municipal corporation, Defendant-Respondent. STIPULATION AND ORDER FOR FINAL JUDGMENT IT IS HEREBY STIPULATED AND AGREED by and between the parties, by and through undersigned counsel, in consideration of the mutual promises set forth herein and with the intent to fully, finally, and completely resolve a11 claims that have been brought in the above- captioned acrion, that: 2. Count 6(Denial of Equal Protection) and Count 7(Denial of Due Process and Equal Protection) of the Verified Complaint and Petition for Writ of Mandamus be dismissed with prejudice; Except as modified by Para�aph i, above, in all other respects the Court's Order dated February 5, 2002, which partially granted and partially denied the parties' cross-motions for summary judgment, shall operate with full force and effect; Final judgment be entered accordingly forthwith; and, IN DISTRICT COURT � K�5 � 1� I l� L� [� I\ I� 7[.y I �?[� Court File No.: C6-01-4824 Judee: Hon. John Van De North 4. No party shall appeal from the final judgment so entered. o a,-�a�{ Dated: � Dated: This stipulation contains the complete agreement of the parties. � MANLJEL CERVANTES City Attorney Peter G. Mikhail #2A9907 Assistani City Attorney 550 City Hall 15 West Kellogg Blvd. St. Paul, MN 55108 (651)266-8772 Attorneys for Defendant-Respondent LARKIN, HOFFMAN, DALY & LINDC�REN, LTD. Gary A. Van Cleve, # 156310 1400 Wells Fargo Plaza 7900 Xe�es Avenue South Bloomington, MN 5543 1-1 1 94 (952)896-3277 Attorneys for Plaintiffs-Petitioners 2 oa-� �� •� � Sased upon the foregoing Stipularion of the parties, it is hereby Ordered: 1. Count 6(Denial of Equal Protection) and Count 7(Denial of Due Process and Equal Protection) of the Verified Complaint and Petition for Writ of Mandamus are dismissed with prejudice. 2. Except as modified by Paragraph 1, above, in all other respects the Cour['s Order dated February 5, 2002, shall operate with full force and effect. LET JIJDGMENT BE ENTERED ACCORDINGLY FORTHWITH. Dated: BY THE COURT Honorable John B. Van de North, Jr. Judge of District Court gk,,,,,,,� 1 8 ° a' ��` 7 P 9��. tia.l. -� � ca�c�.�-.:a � -� ao, a�oa STATE OF MINNESOTA COUNTY OF RAMSEY D{STRICT COURT SECOND JUDICIAL DISTRICT DeLite Outdoor Advertising, inc., a De4aware Corporation, and McCuilough Companies, a Minnesota Partnership, Plaintiffs, vs. Court File No. C6-01-4824 ORDER The City of Saint Paul, a Municipal Corporation, Defendant. The above-entit4ed matter came an for hearing before the undersigned Judge ofi District Court on November 28, 2001, pursuant to cross-motions for summaryjudgment under Minn.R.Civ.P.56. Gary A. VanCleve, Esq., appeared on behalf of Plaintiff/Petitioner DeLite Outdoor Advertising, Inc., and McCuilough Companies (DeLite). Peter G. Mikhail and John H. Stechmann, Assistant St. Paul City Attorneys, appeared on behalf of DefendantlRespondent City of St. Paul (City}. Following the hearing, the parties made timely suppfemental written submissions. The Court took the matter under advisement. Based upon the arguments of the parties and all the information in the file, the Court makes the following: ORDER 1. DeLite's October 31, 2001 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART as foilows: (a) DeLite's permit applications for the Lafayette Site (November 14, 1997), the University Site (April 23, 1998) and the Larpenteur Site (May 22, 1998); and variance applications for the Vandalia Site (October 8, 1998), the Sne44ing Site (October 8, 1999) and the o1-tsq Maryland Site (April 2000) are deemed approved by operation of law; (b) The City is directed to issue permits and grant the variances referenced in 1(a) not later than 30 days following entry of a final judgment; (c) DeLite's request that its Take Down Proposal (September 3, 1999) be deemed approved is denied; and (d) DeLite's request for a declaration that the City's Sign Moratorium as amended by Ordinance (Vos. 00-685 and 00-686 is invalid as i(legai spot zoning and on constitutional grounds is denied. 2. The City's November 2, 2001 Motion for Summary Judgment is GRANTED IIV PART and DENIED IN PART as follows: (a) The City's requests to dismiss Counts 1, 6 and 7 of DeLite's Compiaint are denied; (b) Counts 2 and 3 of the Complaint are dismissed without prejudice; and (c) Count 4 and 5 of the Complaint are dismissed with prejudice. 3. The parties shafl each bear their own costs ant! d+sbursements in connection with the instant motions. 4. The attached Memorandum is made part of this Order and constitutes tfie CourPs Findings of Fact and Conclusions of Law to the extent required by Minn.R.Civ.P.52.01. 5. The maiiing of this Order by the court to counsel is notice of its entry for afl purposes. TNIS ORDER DOES NOT RESOLVE ALL ISSUES. ACCORDINGLY, ENTRY OF JUDGMENT IS STAYED PURSUANT TO MINN. R. C1V. P. 5A.02. flated: � — S — d �-. G2` Jo B. Van de North, Jr. udge of District Court 2