OAH 2-0330-19711-BA
MBA D-454
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE MUNICIPAL BOUNDARY ADJUSTMENTS UNIT
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In the Matter of the Petition for the Detachment of
Certain Land from the City of |
FIRST PREHEARING ORDER |
This matter came on for a telephone prehearing conference on June 25, 2008.
Harry E. Burns, Burns Law Office, P.A., appeared on behalf of the Petitioners.
James Mogen Jr., Rinke,
Noonan Law Office., appeared on behalf of the City of
Peter Tiede,
Murnane Brandt, P.A. appeared on behalf of
The hearing record
opened in the above-referenced matter on April 3, 2008, and the evidentiary
portion of the hearing was continued to an indefinite date. On May 15, 2008 the Director of the Municipal
Boundary Adjustment Unit (the Director) transmitted notification that informal
discussions in this matter had failed to result in a resolution and that a
hearing was requested. The undersigned
ALJ was assigned to hear this matter.
Based upon the discussions during the prehearing conference, and upon all of the files, the Administrative Law Judge (ALJ) makes the following:
1. The Administrative Procedures Act[1] and the Office of Administrative Hearings’ contested case rules[2] shall govern the conduct of this matter to the extent that they do not conflict with the specific provisions of Chapter 414.
2. The following schedule is adopted:
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Description |
Due Date |
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Discovery completed |
July 25, 2008 |
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Joint Informational Meeting (M.S. 414.0333) |
To be determined by parties. |
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Notice of Reconvened Hearing published |
Week of July 21, 2008 |
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Hearing exhibits, exhibit lists, and prehearing briefs filed with OAH and served upon counsel of record |
August 8, 2008 |
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Evidentiary hearing |
August 19, 2008 (and August 22, 2008 if needed), 9:00
a.m., |
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Administrative Law Judge tour of subject property, escorted by counsel |
August 22, 2008, at 10:00 a.m. |
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Post-hearing Briefs |
30 days after receipt of final hearing recording |
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Administrative Law Judge decision due |
April 3, 2009 |
3. Prehearing motions may be filed at any time. Dispositive motions must be filed by August 8, 2008. Responses to motions must be filed within ten days of receipt. If oral argument is requested by a party or ordered by the Administrative Law Judge, it will be scheduled promptly. If possible, discovery and other disputes should be brought before the Administrative Law Judge less formally by arranging a telephone conference. Requests for subpoenas for the attendance of witnesses or the production of documents shall be made in writing to the administrative law judge pursuant to Minn. R. 1400.7000. A copy of the subpoena request shall be served on the other parties. A subpoena request form is available at www.oah.state.mn.us.
4. The Director shall arrange for the publication of the Notice of Reconvened hearing in the appropriate newspaper of general circulation in the area of the city and township as the parties may advise.
5. The hearing will be recorded by digital recording device and copies prepared for the parties.
6.
The City of
7. No public comment hearing has been requested.
8. Written comments may be submitted by the public to the Administrative Law Judge at any time through August 19, 2008. They must be post-marked or emailed by that date to:
Raymond R. Krause
Administrative Law Judge
Office of Administrative Hearings
or
Ray.Krause@state.mn.us
9. Written briefs and replies shall be submitted in lieu of closing oral argument.
10. The parties have not requested accommodation for a disability or appointment of an interpreter. The Office of Administrative Hearings shall be notified promptly if either an accommodation or interpreter is needed.
Dated: June 26, 2008
s/Raymond
R. Krause
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RAYMOND R. KRAUSE Chief Administrative Law Judge |
cc:
Docket Clerk
Court Reporter Coordinator