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97-782��- `1�a R� : co,� r� # RESOLIITION OF THE C1TY OF SAINT PAUL, MINNESOTA j RESOLVED, by Resolution of the City Council of the City of Sairn Paul adbpte� June 11, 1997 and approved June 12, 1997 that the property located at bTl Be�t Street, St. Paul, Mmnesota be repaired or removed witivn five (5) day� F'[7RTHER RESOLVED, ttiat request has been made to stay e�ecution of said demolition pursuant to M'inn. Stat. § 14.65. FURTHER RESOLVED, that said demolition shall be/ not be stayed pending appeal to the M'innesota Court of Appeals. �� lk�� Adopted by Council: Date Adoption Certified by Secretary / 1 By: s �� Approved by yor: Date BY= � Blakey Bostrom Morton Hatxis Megard Yeas Requested by Department of. � Form Approved by City Attorney � Approved by Mayor for Submission to Council � '�3 � 1► �•[i�.'ri.ri�l CONLIN 1♦ � : :'• 1 ProfessionalASSOCiahon AITORNEYS AT LAW Thomaz M. ConLu • Robert R' Mumane RobertT White �on� e. s��a� � John D. A�rte Sroven J. Kirsch Mdrew T. Shem Michael S. Ryan " Iaznes F. Baldwin c. Todd xoebele Mmhael P.1Yemey Da�iel A Haws ° WilhamL Moran Thomas A. Gilligan, 7r. 77�omas I. Norby Kammey M. K. Mahowald *' Pe[erB.Tiede Jane M. Hill Mazk D. Covm PaulC.Wdght ' Atso admiaed ia Wi>consm "Also admit[ed in North Dakota 2. Willard Mumane (1907-1976) CAazles R. Mumane p913-1982) www murnane.com 7une 18, 1997 CTTY CLERK CTTY OF SAINT PAUL SUITE 1�0 CTTY HAI..L 15 WEST KELLOGG BOULEVARD SAINT PAUL MN 55102 STEPHEN CHRISTIE ESQ 15 WEST KELLOGG BOULEVARD 500 CTTY HAI,L ST PAiJL MN 55102 G� VIA HAND DELIVERY � � �'' �� '� ,C: i�'r_' � I t`� fJJd J _.. r�,r-:i�:�i�� '�`�">,�" �"`��, _ �•-� Re: Bank ofAmerica, FSB and HIJD v. City of St. Paul St. Paul City Council File No. - 24 pur File No. 42693 Dear Mr. Chrisde: As you know, our clients Bank of America, FSB and the Secretary of Housing & Urban Developmem, have asked us to appeal the resolution of the St. Paul City Council directing the demolition of the property located at 677 Kent Street to the Minnesota Court of Appeals. Because the appeal of this City Council action will not cause any irreparaUle harm to the City of St. Paul (i.e., if the Appellate Court rules against us, the demolition can occur after that Appellate Court decision), we hereby request that the City of St. Paul voluntarily agree with us that the demolition will be "stayed" until the appeal is heazd and decided by the Minnesota Court of Appeals. We thank you for your attention to this request and we look forward to receiving an unmediaie answer to tnis request. Very truly yours, ��_—�� J e M. Hill � a�umane.wm JMH�ef Encloswes cc: Ms. Nancy Canale, Bank of America Ms. Sophie Hallauer, Department of Housing & Urban Development 1800 Pipee Jaffray Plaza • 444 Cedar Street • Saint Paul, Minnesota 55101 •(612) 227-9411 • Fax (612) 223-5199 q�-�ga IN RE: ORDER TO REPAIR OR DEMOLISH MOTION FOR A STAY Tf� BUII,DING AT 677 KENT STREET OF EXECUTION WITHIN FIVE DAYS OF RESOLUTION COUNCIL FILE NO. 97-�� TO: TFIE CITY COUNCII. OF THE CITY OF ST. PAUL, MINNESOTA AND STEPHEN CHRISTIE, CTTY ATTORNEY OF TF� CITY OF ST. PAUL We aze the legal counsel for the Bank of America, FSB, the mortgagee on the above- referenced property and the Secretaiy of Housing & Urban Development, the insurer of said mortgage. Ois cli�ts have requested thaY we appeal to the Mmnesota Court of Appeals the acrion of the St. Paul City Council wlrich ordered tfie property at 677 Kent Street, St. Paui, Mmnesota repaired or demolished within five (5) days of the resolution, starting June 12, 1997. We hereby requ� the City Coun� ofthe Ciry of St Paul to stay the order to demolish the bw7ding unh7 our clients' appeai is heard and decided by the I�nnesota Court of Appeals pwsuant to Mmn. Stat. §14.55. Our basis for requesting a stay ofthe demolition order uuh7 the appeal is decided is as follows: 1. Ifthe Mmnesota Court of Appeals affirms the decision of the St. Paul City Councit, the demolition can occur after the appellate procedure is completed. 2. The appeal will serve no purpose if the demolition of the building is allowed to proceed as cuTrenfly ordered. 3. There will be no way for the Court of Appeals to determine the merits of the case if the demolition is allowed to proceed. 4. There will be no greater (or lesser) harm to the members of the public if the City . f . Counc�7 stays the demolition ordes until this appeal is decided by the Mwnesota Court - of A.ppeats. Based on the foregoing, we hereby request the City Councit of the City of St. Paui to stay the demolition order urnil our clierns' appeal is heard and decided by the Mmnesota Court of AppeaLs. An appeal has been filed with the M�nnesota Court of Appeals on June 16, 1997. �1 � ' ��,2- In the event that the City Counc7 does not grant the requested stay, it is our i�ention to proceed with our Motion before the Minnesota Court of AppeaLs to order such a stay of the demolition to adequaYety protect our clients' rights herein. ..�_ . .��:. MLTRNANE, CONLIN, WFIITE & BRAI�IDT A Professional Association � D��: 6 ��- I� B�: . Brandt #10856 J e M. H�1 #247200 1800 Piper Jaffray Plaza 444 Cedar Street Saint Paul MN SS101 (612) 227-9411 Attomeys for Bank of America, F.B. and Secretary of Honsmg & IIrban Development .�. 7 ��- `1�a R� : co,� r� # RESOLIITION OF THE C1TY OF SAINT PAUL, MINNESOTA j RESOLVED, by Resolution of the City Council of the City of Sairn Paul adbpte� June 11, 1997 and approved June 12, 1997 that the property located at bTl Be�t Street, St. Paul, Mmnesota be repaired or removed witivn five (5) day� F'[7RTHER RESOLVED, ttiat request has been made to stay e�ecution of said demolition pursuant to M'inn. Stat. § 14.65. FURTHER RESOLVED, that said demolition shall be/ not be stayed pending appeal to the M'innesota Court of Appeals. �� lk�� Adopted by Council: Date Adoption Certified by Secretary / 1 By: s �� Approved by yor: Date BY= � Blakey Bostrom Morton Hatxis Megard Yeas Requested by Department of. � Form Approved by City Attorney � Approved by Mayor for Submission to Council � '�3 � 1► �•[i�.'ri.ri�l CONLIN 1♦ � : :'• 1 ProfessionalASSOCiahon AITORNEYS AT LAW Thomaz M. ConLu • Robert R' Mumane RobertT White �on� e. s��a� � John D. A�rte Sroven J. Kirsch Mdrew T. Shem Michael S. Ryan " Iaznes F. Baldwin c. Todd xoebele Mmhael P.1Yemey Da�iel A Haws ° WilhamL Moran Thomas A. Gilligan, 7r. 77�omas I. Norby Kammey M. K. Mahowald *' Pe[erB.Tiede Jane M. Hill Mazk D. Covm PaulC.Wdght ' Atso admiaed ia Wi>consm "Also admit[ed in North Dakota 2. Willard Mumane (1907-1976) CAazles R. Mumane p913-1982) www murnane.com 7une 18, 1997 CTTY CLERK CTTY OF SAINT PAUL SUITE 1�0 CTTY HAI..L 15 WEST KELLOGG BOULEVARD SAINT PAUL MN 55102 STEPHEN CHRISTIE ESQ 15 WEST KELLOGG BOULEVARD 500 CTTY HAI,L ST PAiJL MN 55102 G� VIA HAND DELIVERY � � �'' �� '� ,C: i�'r_' � I t`� fJJd J _.. r�,r-:i�:�i�� '�`�">,�" �"`��, _ �•-� Re: Bank ofAmerica, FSB and HIJD v. City of St. Paul St. Paul City Council File No. - 24 pur File No. 42693 Dear Mr. Chrisde: As you know, our clients Bank of America, FSB and the Secretary of Housing & Urban Developmem, have asked us to appeal the resolution of the St. Paul City Council directing the demolition of the property located at 677 Kent Street to the Minnesota Court of Appeals. Because the appeal of this City Council action will not cause any irreparaUle harm to the City of St. Paul (i.e., if the Appellate Court rules against us, the demolition can occur after that Appellate Court decision), we hereby request that the City of St. Paul voluntarily agree with us that the demolition will be "stayed" until the appeal is heazd and decided by the Minnesota Court of Appeals. We thank you for your attention to this request and we look forward to receiving an unmediaie answer to tnis request. Very truly yours, ��_—�� J e M. Hill � a�umane.wm JMH�ef Encloswes cc: Ms. Nancy Canale, Bank of America Ms. Sophie Hallauer, Department of Housing & Urban Development 1800 Pipee Jaffray Plaza • 444 Cedar Street • Saint Paul, Minnesota 55101 •(612) 227-9411 • Fax (612) 223-5199 q�-�ga IN RE: ORDER TO REPAIR OR DEMOLISH MOTION FOR A STAY Tf� BUII,DING AT 677 KENT STREET OF EXECUTION WITHIN FIVE DAYS OF RESOLUTION COUNCIL FILE NO. 97-�� TO: TFIE CITY COUNCII. OF THE CITY OF ST. PAUL, MINNESOTA AND STEPHEN CHRISTIE, CTTY ATTORNEY OF TF� CITY OF ST. PAUL We aze the legal counsel for the Bank of America, FSB, the mortgagee on the above- referenced property and the Secretaiy of Housing & Urban Development, the insurer of said mortgage. Ois cli�ts have requested thaY we appeal to the Mmnesota Court of Appeals the acrion of the St. Paul City Council wlrich ordered tfie property at 677 Kent Street, St. Paui, Mmnesota repaired or demolished within five (5) days of the resolution, starting June 12, 1997. We hereby requ� the City Coun� ofthe Ciry of St Paul to stay the order to demolish the bw7ding unh7 our clients' appeai is heard and decided by the I�nnesota Court of Appeals pwsuant to Mmn. Stat. §14.55. Our basis for requesting a stay ofthe demolition order uuh7 the appeal is decided is as follows: 1. Ifthe Mmnesota Court of Appeals affirms the decision of the St. Paul City Councit, the demolition can occur after the appellate procedure is completed. 2. The appeal will serve no purpose if the demolition of the building is allowed to proceed as cuTrenfly ordered. 3. There will be no way for the Court of Appeals to determine the merits of the case if the demolition is allowed to proceed. 4. There will be no greater (or lesser) harm to the members of the public if the City . f . Counc�7 stays the demolition ordes until this appeal is decided by the Mwnesota Court - of A.ppeats. Based on the foregoing, we hereby request the City Councit of the City of St. Paui to stay the demolition order urnil our clierns' appeal is heard and decided by the Mmnesota Court of AppeaLs. An appeal has been filed with the M�nnesota Court of Appeals on June 16, 1997. �1 � ' ��,2- In the event that the City Counc7 does not grant the requested stay, it is our i�ention to proceed with our Motion before the Minnesota Court of AppeaLs to order such a stay of the demolition to adequaYety protect our clients' rights herein. ..�_ . .��:. MLTRNANE, CONLIN, WFIITE & BRAI�IDT A Professional Association � D��: 6 ��- I� B�: . Brandt #10856 J e M. H�1 #247200 1800 Piper Jaffray Plaza 444 Cedar Street Saint Paul MN SS101 (612) 227-9411 Attomeys for Bank of America, F.B. and Secretary of Honsmg & IIrban Development .�. 7 ��- `1�a R� : co,� r� # RESOLIITION OF THE C1TY OF SAINT PAUL, MINNESOTA j RESOLVED, by Resolution of the City Council of the City of Sairn Paul adbpte� June 11, 1997 and approved June 12, 1997 that the property located at bTl Be�t Street, St. Paul, Mmnesota be repaired or removed witivn five (5) day� F'[7RTHER RESOLVED, ttiat request has been made to stay e�ecution of said demolition pursuant to M'inn. Stat. § 14.65. FURTHER RESOLVED, that said demolition shall be/ not be stayed pending appeal to the M'innesota Court of Appeals. �� lk�� Adopted by Council: Date Adoption Certified by Secretary / 1 By: s �� Approved by yor: Date BY= � Blakey Bostrom Morton Hatxis Megard Yeas Requested by Department of. � Form Approved by City Attorney � Approved by Mayor for Submission to Council � '�3 � 1► �•[i�.'ri.ri�l CONLIN 1♦ � : :'• 1 ProfessionalASSOCiahon AITORNEYS AT LAW Thomaz M. ConLu • Robert R' Mumane RobertT White �on� e. s��a� � John D. A�rte Sroven J. Kirsch Mdrew T. Shem Michael S. Ryan " Iaznes F. Baldwin c. Todd xoebele Mmhael P.1Yemey Da�iel A Haws ° WilhamL Moran Thomas A. Gilligan, 7r. 77�omas I. Norby Kammey M. K. Mahowald *' Pe[erB.Tiede Jane M. Hill Mazk D. Covm PaulC.Wdght ' Atso admiaed ia Wi>consm "Also admit[ed in North Dakota 2. Willard Mumane (1907-1976) CAazles R. Mumane p913-1982) www murnane.com 7une 18, 1997 CTTY CLERK CTTY OF SAINT PAUL SUITE 1�0 CTTY HAI..L 15 WEST KELLOGG BOULEVARD SAINT PAUL MN 55102 STEPHEN CHRISTIE ESQ 15 WEST KELLOGG BOULEVARD 500 CTTY HAI,L ST PAiJL MN 55102 G� VIA HAND DELIVERY � � �'' �� '� ,C: i�'r_' � I t`� fJJd J _.. r�,r-:i�:�i�� '�`�">,�" �"`��, _ �•-� Re: Bank ofAmerica, FSB and HIJD v. City of St. Paul St. Paul City Council File No. - 24 pur File No. 42693 Dear Mr. Chrisde: As you know, our clients Bank of America, FSB and the Secretary of Housing & Urban Developmem, have asked us to appeal the resolution of the St. Paul City Council directing the demolition of the property located at 677 Kent Street to the Minnesota Court of Appeals. Because the appeal of this City Council action will not cause any irreparaUle harm to the City of St. Paul (i.e., if the Appellate Court rules against us, the demolition can occur after that Appellate Court decision), we hereby request that the City of St. Paul voluntarily agree with us that the demolition will be "stayed" until the appeal is heazd and decided by the Minnesota Court of Appeals. We thank you for your attention to this request and we look forward to receiving an unmediaie answer to tnis request. Very truly yours, ��_—�� J e M. Hill � a�umane.wm JMH�ef Encloswes cc: Ms. Nancy Canale, Bank of America Ms. Sophie Hallauer, Department of Housing & Urban Development 1800 Pipee Jaffray Plaza • 444 Cedar Street • Saint Paul, Minnesota 55101 •(612) 227-9411 • Fax (612) 223-5199 q�-�ga IN RE: ORDER TO REPAIR OR DEMOLISH MOTION FOR A STAY Tf� BUII,DING AT 677 KENT STREET OF EXECUTION WITHIN FIVE DAYS OF RESOLUTION COUNCIL FILE NO. 97-�� TO: TFIE CITY COUNCII. OF THE CITY OF ST. PAUL, MINNESOTA AND STEPHEN CHRISTIE, CTTY ATTORNEY OF TF� CITY OF ST. PAUL We aze the legal counsel for the Bank of America, FSB, the mortgagee on the above- referenced property and the Secretaiy of Housing & Urban Development, the insurer of said mortgage. Ois cli�ts have requested thaY we appeal to the Mmnesota Court of Appeals the acrion of the St. Paul City Council wlrich ordered tfie property at 677 Kent Street, St. Paui, Mmnesota repaired or demolished within five (5) days of the resolution, starting June 12, 1997. We hereby requ� the City Coun� ofthe Ciry of St Paul to stay the order to demolish the bw7ding unh7 our clients' appeai is heard and decided by the I�nnesota Court of Appeals pwsuant to Mmn. Stat. §14.55. Our basis for requesting a stay ofthe demolition order uuh7 the appeal is decided is as follows: 1. Ifthe Mmnesota Court of Appeals affirms the decision of the St. Paul City Councit, the demolition can occur after the appellate procedure is completed. 2. The appeal will serve no purpose if the demolition of the building is allowed to proceed as cuTrenfly ordered. 3. There will be no way for the Court of Appeals to determine the merits of the case if the demolition is allowed to proceed. 4. There will be no greater (or lesser) harm to the members of the public if the City . f . Counc�7 stays the demolition ordes until this appeal is decided by the Mwnesota Court - of A.ppeats. Based on the foregoing, we hereby request the City Councit of the City of St. Paui to stay the demolition order urnil our clierns' appeal is heard and decided by the Mmnesota Court of AppeaLs. An appeal has been filed with the M�nnesota Court of Appeals on June 16, 1997. �1 � ' ��,2- In the event that the City Counc7 does not grant the requested stay, it is our i�ention to proceed with our Motion before the Minnesota Court of AppeaLs to order such a stay of the demolition to adequaYety protect our clients' rights herein. ..�_ . .��:. MLTRNANE, CONLIN, WFIITE & BRAI�IDT A Professional Association � D��: 6 ��- I� B�: . Brandt #10856 J e M. H�1 #247200 1800 Piper Jaffray Plaza 444 Cedar Street Saint Paul MN SS101 (612) 227-9411 Attomeys for Bank of America, F.B. and Secretary of Honsmg & IIrban Development .�. 7