OAH 16-0330-20234-BA
MBA A-7657
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE MUNICIPAL BOUNDARY ADJUSTMENTS UNIT
|
In the Matter of the Petition of the City of Elysian for
Annexation of Unincorporated Property in the Township of Elysian Pursuant to |
SECOND PREHEARING ORDER |
This matter came on for telephone prehearing conferences on April 29, 2009 and June 30, 2009.
Jason L. Moran, Christian, Keogh, Moran & King, Ltd., appeared on behalf of the City of Elysian (City).
Elysian Township
(Township) made no appearance. The
Township has indicated through its attorney, Robert T. Ruppe, Esq., that it
does not support the annexation of any portion of
Based upon the discussions during the prehearing conference, and upon all of the files, the Administrative Law Judge (ALJ) makes the following:
1. The hearing record opened in the above-referenced matter on December 3, 2008 and the evidentiary portion of the hearing was continued to an indefinite date.
2. On January 20, 2009, the Director of the Municipal Boundary Adjustment Unit (Director) transmitted notification that the Township does not favor the annexation but would not actively oppose or appear to contest it.
3. 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.
4. The following schedule is adopted:
|
Description |
Due Date |
|
Joint Informational Meeting (M.S. 414.0333) |
August 13, 2008 |
|
Expert reports and witness lists filed with OAH and served upon Robert Ruppe, counsel of record. |
August 20, 2009 |
|
Notice of Reconvened Hearing published |
Weeks of August 3 and August 10, 2009 |
|
Telephone status conference with Administrative Law Judge. Call initiated by ALJ. |
September 3, 2009, 10:00 a.m. |
|
Hearing exhibits, exhibit lists, and prehearing briefs filed with OAH and served upon Robert Ruppe, counsel of record. |
September 3, 2009 |
|
Evidentiary hearing. |
September 10, 2009, 10:00 a.m., Elysian City Hall 110 Elysian , MN
56028-2034 |
|
Administrative Law Judge tour of city and township annexation area escorted by counsel in addition to one representative each of the city and township. |
As arranged during status conference of September 3, 2009 |
|
Written public comments mailed or emailed to the Administrative Law Judge |
September 10, 2009 |
|
Post-hearing Briefs |
30 days after receipt of transcript |
|
Administrative Law Judge decision due |
November 25, 2009 |
5. Should it be necessary, the following rules apply: prehearing motions may be filed at any time. Dispositive motions must be filed by July 30, 2009. Responses to motions must be filed within five business days of receipt. If oral argument is requested by a party or ordered by the ALJ, it will be scheduled promptly. If possible, discovery and other disputes should be brought before the ALJ 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 ALJ 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.
6. 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.
7. The hearing will be recorded digitally. A transcript is available upon request.
8. The City’s exhibits will be marked with numbers 1, 2, 3, etc. The Township’s exhibits, if any, will be marked with letters A, B, C, etc.
9. Given the Township has indicated that it will not actively oppose the annexation, the City shall be allowed one day for the direct testimony of their witnesses.
10. The City, through its attorney of record, shall arrange for the posting and publication of the time, date, and place of the informational meeting as required by Minn. Stat. § 414.0333 at least ten days before the date for the informational meeting. The chair of the Elysian town board of supervisors and the mayor of the City shall preside as the co-chairs for the joint informational meeting, required pursuant to Minn.Stat. §414.0333. Members of the public making comments at the joint informational meeting may be sworn if they desire and shall not be subjected to questioning. The co-chairs, by mutual agreement, may establish the amount of time each speaker may speak. Documents, expert opinion, or other materials supporting a position may be submitted at the informational meeting. The Township clerk must record the minutes of the proceedings of the informational meeting and the City clerk must make an audio recording. The Township clerk must provide the ALJ and the City with a copy of the printed minutes. The City must provide the ALJ and the Township with a copy of the audio recording, each of which must be considered by the ALJ in his deliberations in this matter.
11. Written comments may be submitted by the public to the ALJ at any time through September 12, 2009. They must be post-marked or emailed by that date to:
Manuel J. Cervantes
Administrative Law Judge
Office of Administrative Hearings
or
Manuel.Cervantes@state.mn.us
12. A written brief shall be submitted in lieu of a closing oral argument.
13. 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: July 8, 2009
s/Manuel J. Cervantes
_____________________
MANUEL J. CERVANTES
Administrative Law Judge
Cc:
Docket Clerk