2009-07-24 Plaintiffs Petition
Larkin
HoffiM~
Larkin Hoffman Daly & Lindgren Ltd.
1500 Wells Fargo Plaza
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431-1194
GENERAL, 952-835-3800
FAX, 952.896.3333
WEB, www.larkinhoffinan.com
July 24 2009
Court Administrator
Wright County District Court
Wright County Government Center
10 Second Street NW
Buffalo, MN 55313
Re: Lamar Advertising Company, et al. v. Dayton Holding, Inc., et al.
Court File No. 86 CV -09-3598
Our File No. 28347-08
Dear Administrator:
Enclosed for filing in the above-captioned matter, please find Plaintiffs-Petitioners'
Informational Statement. Also enclosed is our firm check in the amount of $100.00 for the jury
fee. By copy of this letter I am serving opposing counsel, Patrick Cole and City Clerk Bridget
Miller with copies of the same.
S. cerely, \
. 11[/,(fB~
/J sica B. Rivas, for
arkin Hoffman Daly & Lindgren Ltd.
Direct Dial:
Direct Fax:
Email:
(952) 896-3384
(952) 842-1740
irivas@larkinhoffman.com
Enclosures
cc: Bridget Miller, Albertville City Clerk
Patrick J. Cole
Emil Radaich
Connor Eglin
Mark Sherwood
Peter J. Coyle, Esq.
Rob A. Stefonowicz, Esq
1265166.1
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, ,
:,
STATE OF MINNESOTA
COUNTY OF WRIGHT
DISTRICT COURT
TENTH JUDICIAL DISTRICT
CASE TYPE: OTHER CIVIL
File No. 86-CV-09-3598
-----------------------------------------------------
Lamar Advertising Company,
and Lamar OCI North
Corporation d/b/a Lamar
Advertising of St. Cloud,
Minnesota, Inc.,
PLAINTIFFS' INFORMATIONAL
ST ATEMENT
Plaintiffs- Petitioners,
v.
Dayton Holding Inc., and
Stephen Nelson,
Defendants,
and
City of Albertville,
Additional Defendant-Respondents.
-----------------------------------------------------
1. All parties have been served with process.
2. All parties have not joined in the filing of this form.
3. Brief description of the case:
Plaintiffs-Petitioners Lamar Advertising Company, and Lamar OCI North Corporation
d/b/a Lamar Advertising of St. Cloud, Minnesota, Inc. ("Lamar") initiated this action
originally against Defendants Dayton Holding, Inc. and Stephen Nelson ("Defendants")
alleging wrongful eviction, breach of contract, tortious interference with business
relationships and contracts, and a declaratory judgment count regarding Defendants'
wrongful removal of Lamar's advertising billboard from Defendants' property. Lamar
amended the complaint to bring in the City of Albertville as an additional defendant.
Lamar has brought claims against the City stemming from the City's attempt to revoke
Lamar's Building Permit and Sign Permit relating to its advertising billboard, including
claims of inverse condemnation, injunctive relief, declaratory judgment, equitable
estoppel, detrimental reliance, vested rights, and violation of due process.
4. It is estimated that the discovery specified below can be completed within three months
from the date ofthis form. (Check all that apply, and supply estimates where indicated.)
a.
Factual Depositions
No
Yes X , estimated number: 2-5
b.
Medical Evaluations No X
Yes
, estimated number:
c.
Experts Subject to
Discovery
No
Yes X , estimated number: 2
5. Assignment as an X expedited standard _ complex case is
requested. (If not standard case assignment, include brief statement setting forth the
reasons for the request.)
Due to the facts and circumstances outlined in Lamar's Amended Complaint and Petition
for Writ of Mandamus, Lamar is currently left with no property on which to place its
advertising billboard and cannot honor its advertising contracts. Accordingly, Lamar
seeks to have this matter adjudicated on an expedited basis.
6. The dates and deadlines specified below are suggested.
a. 8/1 0109
b. 11/02/09
c. 11102109
d.
e. NIA
f. NIA
g. 12/07/10
h.
1. 12/21/10
J. 01/25/10
k. 01/11/10
1. 12/02/09
Deadline for joining additional parties, whether by amendment or third
party notice.
Deadline for bringing non-dispositive motions.
Deadline for bringing dispositive motions.
Deadline for submitting
(specify issue) to the court.
Deadline for completing independent physical examination pursuant to
Minn. R. Civ. P. 35.
Date for formal discovery conference pursuant to Minn. R. Civ. P. 26.06.
Date for pretrial conference pursuant to Minn. R. Civ. P. 16.
Date for scheduling conference.
Date for submission of a Joint Statement of the Case pursuant to
Minn. Gen. R. Prac. 112.
Trial Date.
Deadline for filing (proposed instructions), (verdicts), (findings of fact),
(witness list), (exhibit list).
Deadline for discovery (specify).
2.
7.
Estimated trial time: 5
in hours).
days _ hours (estimates less than a day must be stated
8.
A jury trial is:
( specify party)
[] waived by consent of
pursuant to R. Civ. P. 38.02.
[ X] requested by Plaintiffs-Petitioners (specify party). (NOTE:
Applicable fee must be enclosed.)
9.
MEETING: Counsel for the parties have not met to discuss case management
Issues.
a.
b. ADR PROCESS (check one):
X Counsel agree that ADR is appropriate and choose the following:
X Mediation
Arbitration (nonbinding)
Arbitration (binding)
Med-Arb
Early Neutral Evaluation
Moderated Settlement Conference
Mini- Trial
Summary Jury Trial
Consensual Special Magistrate
Impartial Fact-Finder
X Other (describe) Has not vet been discussed, but Plaintiffs-
Petitioners believe that mediation is appropriate and that
the parties will be able to agree on a mediator.
Counsel agree that ADR is appropriate but request that the
Court select the process
Counsel agree that ADR is NOT appropriate because
The case implicates the federal or state constitution.
Other (explain with particularity)
3.
_ Domestic violence has occurred between the parties.
c. PROVIDER (check one):
_ The parties have selected the following ADR neutral:
The parties cannot agree on an ADR neutral and request the Court
to appoint one.
The parties agreed to select an ADR neutral on or before
d. DEADLINE: The parties recommend that the ADR process be completed by
10101/09 (date).
10. Please list any additional information which might be helpful to the court when
scheduling this matter.
None
Dated: 1/ (J}-t l b9
I \/ f/fIPC
b A. Stefonowic (297161)
Je sica B. Rivas (312897)
rkin Hoffman Daly & Lindgren Ltd.
1500 Wells Fargo Plaza
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431-1194
(952) 835-3800
Attorneys for Plaintiffs-Petitioners
1263776.1
4.