2009-07-27 Receipt of Lawsuit filed Lamar
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00
LEAGUE OF
MINNESOTA
C rES
CONN
rNG & INNOVATING
SINCE 1913
July 2009
Kruse, Administrator
Albertville
9
rvfN 5530 I
Dear Mr.
On behalf
acknowledge
[nc"
City of
League of Minnesota Cities Insun:mce Trust
of the lawsuit filed Wright District
Lamar ocr North Corpon:ttion d/b/a Lamar Advertising of
v. and Stephen
Additional
of this case to the law firm of
Bloomington, Minn. 55438
J. Kuboushek have been the handling
to a timely appearance on your behalf
immediate interests. If you questions
Mr. Kuboushek can reached at
In
issued to
ordinance.
the plaintiffs are
a new billboard on April 9, 2009, as being in of city's zoning
allege the action is void because it was procedurally and
the revocation the permit was
city failed to fc)llow its own required procedures
The plaintiffs allege the actions
relied on the city's of
should be stopped from
Further,
building/sign
to revoke the
the
to
They claim
of property
city to commence condemnation proceedings
L
I
ESOTA CITIES
CLAlr'v\S DEPARTMENT
145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAX (651) 281-1297
ST PAUL. MN 55103-2044 TOLL FREE: (800) 925-1122 WEB: WWW.LMCORG
11
07-27-09
pursuant to Minn.
Constitutional rights.
with money damages,
117. They a violation of their
seek declaratory and
disbursements, and attorneys' fees.
and State
from the Court along
be advised that any investigation made or
claim is done with a full Reservation of Rights under
period of October I, 2008/09 on a made basis.
of the claim or action whatsoever by
constitute a rights the might
that you do not
representatives of LMClT
Covenant #CMC29995 with a
adjustment or
LMCIT wiII not
under the covenant It course,
under the covenant
to the
Municipal Coverage
Coverage
LA.ND USE, DEVELOPMENT, FRt-\NCHISE or ENTERPRISE
for any use, development, franchise or enterprise
operations is first flIed or served by or against city or a city ofticer or
employee during the annual coverage period of this agreement, LMCIT the
fiJIlowing on the city's behalf:
a. 100% of the tIrst $25,000 of litigation costs which are incurred after the litigation has
been reported to LMCIT; 85% of the next $225,000 litigation costs incun~ed after the
litigation has been reported to LMCIT; and litigation costs in excess of
$250,000 which are inCl.llTed after the litigation has been reported to LMCIT; and
b.
to represent
which the city
LivICIT's total liability
USE, DEVELOPMEN'r,
land use,
against
regardless of the
costs, as defined in SECTION I- D. LAND
OR ENTERPRISE OPERA'rIONSLlTIGATION, for
or enterprise operations litigation which is first filed or served
annual l)eriod of this agreement shall not $1.000,000,
deiendants, or claimants.
The amount LMClT f()r litigation costs i()r land use, development franchise or enterprise
operations litigation is subject to the Municipal DeductibIe shown in the MunicipaI
Liability Declarations or General Annual Aggregate Deductible, if any, shown in the
Common Coverage Declarations.
Land use, development, franchise or entel1)rise operations Litigation means:
11069592
-3-
07-27-09
a. to
subdivision, or similar
application or interpretation a city's land use, zoning,
or regulation; or
b. Any litigation relating to s involvement in
development or redevelopment project.
financing or approval of any
c. Any litigation relating to the granting, refusal,
ordinance, license. or other
regulates other than city, the
sewage treatment or refuse
or enfhrcement of
through which the city authorizes or
electricity,
litigation to
operations" means any
including not limited to sales
liquor.
to
under which the
telecommunications
operations.
or serVices a
refuse collection,
Any meeting
franchise or enterprise
may assert other
criteria above \viIl considered to
litigation entirety, regardless of
use, development,
the
as
costs means:
a. Legal fees f(yr appointed pursuant to LITIGlt TION MANAGEMENT;
b. Necessary legal for to represent the city which the city incurs prior to
reporting litigation to LMCIT;
c. Necessary litigation other than legal tees;
d. Damages which the is required to
e. Supplementary payrnents made or incurred as defined SECTION V-
SUPPLEMENTARY PAYMENTS.
Damages means
to alleging laws,
federal or state constimtion.
With respect to land use, development, franchise or enterprise operations litigation,
also includes amounts the city is obligated to pay for loss of use of property during pnor
to a determination by the court enl()rCement of a land lIse, subdivision. or
similar or regulation constitutes a taking of private property.
Damages
not
any of the foUowing:
d. Injunctive or equitable
or quasi-judicial or administrative orders.
H069592
07-27-09
f.
the purchase or permanent acquisition of property or property
to perrnanently enforce an ordinance, regulation, or on the
LMCIT handle matter as land use, development, or enterprise operations
litigation. Accordingly, to the extent it is determined that relief sought by the docs
not meet the definition damages, then coverage would not apply.
addition to
coverage
such
above mentioned coverage issues I have
or exclusions that may applicable. [reserve
coverage or as are applicable.
to
In the event that are pleadings served upon you in conjunction
please those items to us hmnediatdy. [fyou have questions, feel
at 651-281-1282.
this case,
to contact 111e
Verv trulv vours.
+" '" 0/ "
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.tt. ni'tv ..../'. .""'-
, ,"\..\1 i ~<>..;
~fark Rossow
Litigation Supervisor
Cc: Paul D. Reuvers, Attorney at Lay\!
Jason J. Kuboushek, Attorney at
Couri, Attorney at
Middleton-Middleton Insurance Agency