Sunteți pe pagina 1din 3

Electronically Served 1/17/2018 8:22 AM Dakota County, MN

STATE OF MINNESOTA

COUNTY OF DAKOTA

19HA-CV-15-2725

Eureka Township, a political subdivision of

the State of Minnesota,

v.

Plaintiff,

Teresa Lynn Petter, Daniel Robert Storlie,

Wolves, Woods & Wildlife, a Minnesota non-profit corporation and Fur-Ever Wild,

LTD, a Minnesota Corporation,

Defendants.

DISTRICT COURT

FIRST JUDICIAL DISTRICT

File No. 19HA-CV-15-2725

AMENDED ORDER ON REMAND

36¢? M O

AND AMENDED JUDGMENT

The above-entitled matter came on for before the Honorable Karen J. Asphaug,

Judge of District Court, November 7, 2017, at Dakota County Judicial Center, Hastings,

Minnesota, upon Plaintiff and Defendants’ motions for amended findings following a

remand from the Court of Appeals.

Chad Lemmons, Esq., and Martin Norder, Esq., appeared on behalf of Plaintiff.

Erik Hansen, Esq., and Martin Melang, Esq., appeared on behalf of Defendants.

Based upon the proceedings, the Amended Findings of Fact, Conclusions of Law,

Order for Judgment and Judgment are modied as follows, pursuant to the appellate

court decision:

HE WWW

DAKOTAOOUNTY,00II1M1IM

JAN 17 2018

ORDER:

19HA-CV-15-2725

1. Teresa Lynn Petter; Daniel Robert Storlie; Wolves, Woods & Wildlife; and Fur

Ever Wild, are permanently ENJOINED from possessing exotic animals or

operating an animal exhibition and conducting activities related to animal

exhibition in Eureka Township at 10132 235th Street, EXCEPT:

a. Teresa Lynn Petter; Daniel Robert Storlie; Wolves, Woods & Wildlife; and

Fur Ever Wild may possess exotic animals

Exotic AnimaI Ordinance; and,

identified as exceptions to the

b. Teresa Lynn Petter; Daniel Robert Storlie; Wolves, Woods & Wildlife; and

Fur Ever Wild may possess and operate an animal exhibition and conduct

activities related to animal exhibition in Eureka Township at 10132 235th

Street allowed under the township’s legal, nonconforming use ordinance,

specifically one wolf.

Teresa Lynn Petter; Daniel Robert Storlie; Wolves, Woods, & Wildlife; and Fur-

Ever Wild, are permanently ENJOINED from conducting retail sales in Eureka

Township at 10132 235th Street, except for horticultural products produced on

Defendants’ property pursuant.

. Eureka Township Ordinance 3, Chapter 7, Section 3 is hereby VALID.

Daniel Storlie is PERMI1TED to possess exotic animals to the extent that such

possession is associated with his duties as an animal control ofcer.

Any provisions of the Amended Findings of Fact, Conclusions of Law, Order for

Judgment and Judgment dated December 20, 2016, that are inconsistent with

19HA-CV-15-2725

this Order are hereby VACATED, including the invalidation of Eureka Township

Ordinance 3, Chapter 7, Section 3.

6. The Dakota County Sheriff’s Department is authorized to enforce Eureka

Township ordinances in accordance with this Order.

7. Enforcement of the injunctions is hereby STAYED for a period of 90 days to

allow Defendants time to comply.

Dated:

January 16. 2018

BY THE COURT:

Wm

61%“

A

Karen J. Asphaug

Judge of District Court

9'14 AMENDED JUDGMENT

Asphaug, Karen

2018.01.16 15:15:50

-06'00'

I hereby certify that the above Order modifies the Judgment

entered It\[efi t gully together with the Amended Judgment of the Court.

By: 4ND

DAKOTA COUNTY,

COEZIDMINISTRATOR

é/

Dated:

//7//f