OAH 43-0330-19632-BA

Agency No.  A-7607

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE MUNICIPAL BOUNDARY ADJUSTMENT UNIT

In the Matter of Austin/Lansing Township

ORDER FOR COSTS PURSUANT TO MINN.STAT. 414.3(c)

The above-captioned matter came before Chief Administrative Law Judge Raymond R. Krause following successful mediation of the Petition and pursuant to Minn. Stat. 414. 3(c), for a decision on division of costs between the parties.

No agreement between the parties as to division of costs could be reached and the Mediating Judge Scott J. Newman forwarded the matter to the undersigned for decision.

CONCLUSIONS

1. Minn. Stat. § 414.3(a) directs that parties must pay for any case referred to alternative dispute resolution or for a contested case hearing.

2. Minn. Stat. § 414.3(c) authorizes the Chief Administrative Law Judge to allocate the costs among the parties if no agreement has been reached by them.

Based upon these Conclusions, the Administrative Law Judge makes the following:

ORDER

1. One third of the cost to be allocated to the Petitioners, represented by spokesperson for Petitioners, Daniel Franklin.

2. One third of the cost to be allocated to the Township of Lansing, represented by Troy J. Gilchrist, Kennedy & Graven, Chartered.

3. One third of the cost allocated to the City of Austin, represented by David Hoversten, Attorney at Law.

Dated: August 28, 2008

s/Raymond R. Krause

RAYMOND R. KRAUSE

Chief Administrative Law Judge

cc: Judge Scott J. Newman

Christine Scotillo

Elizabeth Suszynski