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In addition to monetary damages, the plaintiffs seek "injunctive relief" from the court that would prohibit the city from issuing conditional use permits under the ordinance that was amended in December.
Mayor Debbie Goettel acknowledged the possibility of the suit during the same meeting.
The suit alleges preferential treatment and "spot zoning" in the process to redevelop Nike Air Vapormax Flyknit Utility Unisex Running Shoe
Mediation is underway in a lawsuit filed by local fast food restaurateurs alleging the city of Richfield violated their constitutional rights when it allowed the current Menards redevelopment project to move forward.
"We all feel pretty good about our chances in a lawsuit, but it a pain either way," said Community Development Director John Stark, as he updated the Richfield School Board on city business during last week annual joint meeting between the board and city council.
The plaintiffs in the case filed in Hennepin County District Court, Nike Air Vapormax Flyknit Rainbow
the Menards property. According to the I 494 Corridor Master Plan, the land occupied by the Menards and Burger King is zoned for mixed use commercial space, a condition the Menards project fails to meet, the plaintiffs argue.
Prior to approving the project, the city council voted to amend an ordinance to allow the redevelopment of the home improvement store despite non conformity to the I 494 plan, precipitating the "spot zoning" allegation.
Gregg Nelson, the son of the property owner, had proposed a deal to move the Burger King from the southwest corner of the lot to the northwest corner and add a bank to the property but was told the effort was too late. According to the suit, Greg Dolphin Nike Vapormax Velcro first approached the city hoping to take part in project planning in November, but was told he was too late.
the same site. Menards has been named as a defendant in the suit, as well.
property owner Raleigh Nelson and franchisee Richfield Fast Food Inc, are seeking at least in damages and injunctive action against the city, claiming an 18 foot wall to go up with the new two story home improvement store will block the Burger King visibility from Nicollet Ave. S. and hurt business.
The franchisee of the Richfield Burger King and the man who owns the property the restaurant occupies are claiming the city gave preferential treatment to a neighboring Menards store when the city council gave the retailer the go ahead to raze its old building and build a new one on Nike Air Vapormax Midnight Fog
The Richfield City Council granted an ordinance amendment and final plat approval in December that allowed the project to proceed, paving the way for construction of a two story, 290,000 square foot home improvement store next to the Burger King, which opened in 1975. The old Menards, now demolished, opened in 1960.
The lawsuit was filed in January, an unsurprising development considering comments made by Nelson representation at a decisive city council meeting in December. "I think we should and want to take our day in court here," attorney Jim Erickson said at the time.
Burger King proprietors sue Richfield over Menards decision
In alleging preferential treatment, the suit cites a city ordinance stipulating that projects in mixed use districts such as the Menards redevelopment do not adversely affect residential neighbors, but does not address commercial neighbors. In this, the suit claims the city is violating the plaintiff right to equal protection, violating the plaintiff constitutional right to equal protection by treating Nelson and the franchisee different from other property owners.
His proposed resolution would avoid a fate the Burger King camp painted as dire. The damage to the restaurant visibility caused by the wall would cause the restaurant to "go dark" when the lease expires this September, said Greg Dolphin, who operates the Burger King, leasing the space from Raleigh Nelson. Raleigh, a resident of North Oaks, Minn., owned and operated the Burger King from 1975 until 1997, when he started leasing out the property.
City Attorney Corrine Heine argued in a letter to Dolphin legal representation that the ordinance amendment applies to all properties in mixed use districts and thus does not equate to preferential treatment. Addressing the visibility complaint, Heine wrote that the restaurant had already been suffering visibility problems.
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