Articles

FIRM SUCCESSFUL IN PRESERVING PROPERTY VALUES & PETS

The law firm of MANSFIELD, TANICK & COHEN, P.A. was recently involved in a pair of successful municipal matters in which it helped individuals preserve their property values and save dogs and other animals.

Radio Restriction

In a case in St. Louis Park, the law firm represented a group of neighbors who successfully fought an effort by a developer to change the zoning laws to allow for the construction of 400 foot radio towers with beaming lights in residential areas, approximately 200 residential homes. Attorney Marshall H. Tanick of the law firm participated in legal briefs and presentations at meetings of the St. Louis Park Planning Commission and City Council, and assisted neighbors in making their presentations in opposition to the project, which would have expanded the four current mid-level radio towers, by doubling their height limitations.

The attorneys made several arguments on behalf of the neighbors, including the diminution of property values that would occur if the current 199 foot restriction was lifted. They were aided by expert opinions from three real estate agents: Martin Bach, Sharie Frank, and Bruce A. Diker. The supporting evidence came from airplane pilot, Ed Deppe, and the Audubon Society, whose mission is to preserve the environment, who weighed in on environmental issues for protecting birds who might be attracted to the heightened towers. "This was an all-around effort," Mr. Tanick said, "and we received a lot of help from many sources, especially the fine real estate personnel who helped show that there would be a significant diminishment in property values, which would aggravate the troubled real estate market in the area."

The contested site consisted of a wetlands area in the northeast portion of St. Louis Park near the Elliott Park neighborhood. "The property value diminution would also result in a reduction of the tax base for the county, the city, and the school district, and other governmental authorities,". There also were concerns expressed by some residents about the effect that the heightened towers might have on electronic reception in the area, which already has experienced some problems.

The issue had been the subject of controversy since the project was unveiled last summer to try to remove height restrictions on radio communication towers. The planning commission and city council held a number of public hearings and the council ultimately decided not to lift the existing restrictions.

Canine Calamity

The law firm also helped avert a calamity for canines in St. Paul in a case involving the animal rescue organization known as PuppyPorch.

St. Paul animal control authorities seized 14 dogs and 2 finches from a home that violated various housing standards. The rescue organization, aided by the law firm, managed to work out an arrangement with the City to preserve all of the pets, one of the dogs was returned to the owner of the house and others were placed in various foster homes and other rescue organizations and other facilities, along with the two birds.

"This was a very delicate and difficult matter," said Marshall H. Tanick, an attorney with the law firm who represented the PuppyPorch organization and individual pet owners. "We appreciate the cooperation of the St. Paul City Attorney's Office and animal control authorities in helping to work out an arrangement that preserved the pets," he added.