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File #: RES 11-605    Version: 1
Type: Resolution Status: Passed
In control: City Council
Final action: 3/23/2011
Title: Granting a stay of imposition of the fine and suspension of all licenses held by V & HM Plus LLC d/b/a El Pantano Plus.
Sponsors: Kathy Lantry
Attachments: 1. Letter requesting Stay and copy of proposed writ.pdf
Title
Granting a stay of imposition of the fine and suspension of all licenses held by V & HM Plus LLC d/b/a El Pantano Plus.
 
Body
WHEREAS, on February 16, 2011, the Council passed a resolution (RES 11-295) which imposed a $2,000.00 fine and a ten (10) day suspension of all licenses held by V & HM Plus LLC d/b/a El Pantano Plus (License ID # 20080002369) (hereinafter licensee) located at 586 Rice Street in Saint Paul, due to violations of the conditions of their licenses; and
 
WHEREAS, licensee has previously indicated its intent to appeal the Councils action to the Minnesota Court of Appeals, as provided by the Minnesota Administrative Procedures Act and the Rules of Civil Appellate Procedure; and
 
WHEREAS, licensee has also indicated that a Petition for a Writ of Certiorari will be filed at the Court of Appeals within seven days, and
 
WHEREAS, licensee has requested a stay of the imposition of the Councils action; and
 
WHEREAS, in this instance, it is proper to stay imposition of the Council action pending the completion of the appellate process,
 
RESOLVED, that the $2,000.00 fine and ten (10) day suspension of all licenses held by V & HM Plus LLC d/b/a El Pantano Plus (License ID # 20080002369) (hereinafter licensee) located at 586 Rice Street in Saint Paul are hereby stayed pending the completion of the appellate process; and be it
 
FURTHER RESOLVED, that in the event no Petition for a Writ of Certiorari is filed with the Minnesota Court of Appeals before the close of business on March 30, 2011, then no stay shall be granted and the original $2,000.00 fine and ten (10) day suspension of all licenses shall be imposed the following day, March 31, 2011.
 
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