2005-10-07 Served First Set
Nlichael C. Cour;.
Andrew J. MacArthur
Robert T. Ruppe""
COURI, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
courimacarthur@earthlink.net
David R. Wendorf
Kristen H. Carr
Alison K. Manvitz
'Also licensed in nlinois
'"Also licensed in California
October 7,2005
Mr. Kyle Hegna
Wilkerson & Hegna, P .L.L.P.
One Corporate Center III, Suite 300
7300 Metro Boulevard
Edina, MN 55439-2302
Re: City of Albertville v. Edina Development Corporation.
Dear Mr. Hegna:
Please find enclosed and served upon you the following documents from the City
of Albertville
1. City of Albertville's Requests for Admission Pursuant to Rule 36-First Set.
2. Plaintiff s First Set of Interrogatories to Defendant.
3. Plaintiffs Request for Production of Documents, First Set.
Thank you.
7ilJ (~
Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
Enclosure
Cc: Larry Kruse
STATE OF MINNESOTA
IN DISTRICT COURT
COUNTY OF WRIGHT
TENTH JUDICIAL DISTRICT
Other Civil
Court File No. CS-04-4248
City of Albertville,
Plaintiff,
PLAINTIFF'S
FIRST SET OF
INTERROGATORIES TO
DEFENDANT
v.
Edina Development Corporation,
Defendant.
TO: Mr. Kyle Hegna, Wilkerson & Hegna, P.L.L.P., One Corporate Center III,
Suite 300, 7300 Metro Boulevard, Edina, MN 55439-2302
PLEASE TAKE NOTICE that Plaintiff, City of Albertville, demands
answers to these Interrogatories under oath within thirty (30) days from the date of
service pursuant to Rules 26 and 33 of the Minnesota Rules of Civil Procedure for
the District Courts of Minnesota.
In answering these interrogatories, furnish all information which is
available to you and the information known by or in your possession. If you
cannot answer these interrogatories in full after exercising due diligence to obtain
the information to do so, answer to the extent possible, specifying your inability to
answer the remainder, and state whatever information you have concerning the
unanswered portion and detailing what you did in attempting to secure the
unknown information. If an interrogatory is objected to on the basis of an
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assertion of a privilege or work product, state the specific grounds for the
objection.
A question which seeks information contained in or information about or
identification of any documents may be answered by providing a copy of the
documents for inspection and copying or by furnishing a copy of the documents
without a request for production.
These interrogatories shall be deemed to be continuing until and during the
course of trial. Information sought by these interrogatories that you obtain after
you serve your answers must be disclosed by supplementary answers.
The person or persons who provide information in answer to the following
interrogatories will each identify which answers have been provided and furnish
her or his name, address, and title.
DEFINITIONS
Describe: This word means to specify in detail the answer to the question
and not merely to respond in a summary or outline fashion.
Document: This word means any written, recorded, or graphic matter,
whether produced, reproduced, or stored on papers, cards, tapes, belts, computer
devices, or any other medium in your possession, custody, or control or known by
you to exist; and it includes originals, copies of originals, and prior drafts.
Identify: This word when used in reference to a natural person means to
state his or her full name, present business and home addresses and telephone
numbers, present employer and position with employer, the relationship, business
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or otherwise, between such person and the person answering the interrogatory.
Property: This word includes the land and any buildings or improvements
located on the land.
Agreements: This word collectively refers to any and all of the following
agreements: City of Albertville Conditional UseIPlanned Unit Development
Agreement Albert Villas; City of Albertville Conditional Use/Planned Unit
Development Agreement Albert Villas Second Addition; City of Albertville
Conditional UseIPlanned Unit Development Agreement Albert Villas Th~rd
Addition; City of Albertville Conditional Use/Planned Unit Development
Agreement Albert Villas Fourth Addition, Albert Villas Sixth Addition executed
by Plaintiff and Defendant.
Subject Property: shall mean real property consisting of the plats which
were the subject of the Agreements.
INTERROGATORIES
1. Identify each and every person who supplied information in connection
with the preparation of the answers to these Interrogatories; and for each
person identified, specify the interrogatory answers for which he or she
provided information.
2. Identify each and every individual who has, or purports to have, any
knowledge with respect to the subject matter of this litigation, and for
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each such individual describe the knowledge that he or she has, or
purports to have.
3. Identify each an every City of Albertville ("City") employee or agent
who made any statements, correspondence or provided documents to
Edina Development Corporation ("Edina Development") related to
payment of fees due by Edina Development under the terms of the
Developer's Agreement Pursuant to Section 14A of the Agreements and
the terms of the City of Albertville Zoning Request Application
submitted by Defendant for the development of the plat of Albert Villas
Fifth Addition. F or each such person identified, describe the substance
of the statements made, to whom the statements were made, and when
such statements were made.
4. Identify each and every City employee or agent who made any
statements, correspondence or provided documents to Edina
Development related to billings sent to Edina Development from the
City under the terms of the Agreements. For each such person
identified, describe the substance of the statements made, to whom the
statements were made, and when such statements were made.
5. Identify each and every document which relates to when (date and times
of day) employees, agents, contractors, and or subcontractors hired by
Edina Development performed work on property which is the subject of
the Agreements ("Subject Property") during any phase of development.
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6. Identify each and every document which relates to the type of work
performed by employees, agents, contractors, subcontractors or
suppliers hired or contracted by Edina Development and when (date and
times) such work was performed on the Subject Property during any
phase of development.
7. Identify each and every document which contains notes of any type,
including, but not limited to, field notes, relating to the Subject Property
that pertain to any phase of development.
8. Identify any correspondence from contractors or subcontractors that
installed municipal improvements or on-off site improvements as
defined in the Agreements during any phase of development.
9. Identify all persons who you believe may have knowledge related to the
installation of municipal improvements and on and off-site
improvements on the Subject Property as required by the Agreements.
For each such person, identify the type of improvement to the Subject
Property such person may have knowledge of.
10. Identify any worksheets, spreadsheets, financial planning documents
and each and every other document which contains project cost
estimates for development of the Subject Property.
11. Identify any worksheets, spreadsheets, financial planning documents
and each and every other document that includes any estimates related
to City expenses for development of the Subject Property.
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12. Identify all Edina Development employees, agents, contractors or
subcontractors (whether current or former) who were present at the
Subject Property during any phase of development, specifying which
location said individual was at, when (dates and times) said individual
was at any given location, and what phase of development was
occurring during the presence of such individual.
13. Identify all correspondence to the City Engineer from each and every
employee or agent of Edina Development, and all correspondence from
the City Engineer to any employees or agents of Edina Development.
14. Identify which portiones) of the Agreements you believe were modified
by the Amended Wetland Mitigation Agreement passed by the City on
June 20, 2005 and explain what obligation you believe remain for Edina
with respect to those modified portiones) of the Agreements.
15. Identify and explain any and all facts and theories of law upon which
Edina is basing its denial of the City's characterization that Edina is in
default of the City of Albertville Conditional UseIPlanned Unit
Development Agreement Albert Villas.
16. Identify and explain any and all facts and theories of law upon which
Edina is basing its denial of the City's characterization that Edina is in
default of the City of Albertville Conditional Use/Planned Unit
Development Agreement Villas Second Addition.
17. Identify and explain any and all facts and theories oflaw upon which
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Edina is basing its denial of the City's characterization that Edina is in
default of the City of Albertville Conditional Use/Planned Unit
Development Agreement Albert Villas Third Addition.
18. Identify and explain any and all facts and theories of law upon which
Edina is basing its denial of the City's characterization that Edina is in
default of the City of Albertville Conditional UseIPlanned Unit
Development Agreement Albert Villas Fourth Addition.
19. Identify and explain any and all facts and theories of law upon which
Edina is basing its denial of the City's characterization that Edina is in
default of City of Albertville Conditional Use/Planned Unit
Development Agreement Albert Villas Sixth Addition.
20. Identify and explain any and all facts and theories of law upon which
Edina is basing its denial of the City's characterization that Edina has
not paid the professional engineering fees which are due under the terms
of the Agreements.
21. Identify and explain any and all facts and theories of law upon which
Edina is basing its denial of the City's characterization of the April 5,
2005 letter and identify any and all documentation Edina has supporting
its claim that Edina has followed the terms of the Agreements with
respect to those costs outlined in the April 5,2005 letter.
22. Identify and explain any and all facts upon which Edina is basing its
claim that the City breached the terms of the Agreements.
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23. Identify and explain any and all facts upon which Edina is basing its
claim that the City's claims are barred by estoppel.
24. Identify and explain any and all facts upon which Edina is basing its
claim that the City's claims are barred by insufficiency of service of
process.
25. Identify and explain any and all facts upon which Edina is basing its
claim that the City's claims are barred by laches.
26. Identify and explain any and all facts upon which Edina is basing its
claim that the City's claims are the result of the City's conduct, actions,
inactions or omissions of person, parties or entities not under the control
of Edina.
27. Identify and explain any and all facts and theories oflaw upon which
Edina is basing its claim for damages. Identify all elements and
amounts of damages claimed by Edina Development and detail how
such amounts have been calculated.
28. With respect to each individual who will be called as an expert witness
at the time of trial, state:
a. the subject matter on which the individual is expected to testify;
b. the substance of the facts and opinions to which the expert is
expected to testify; and
c. a summary of the grounds for each such opinion.
29. Identify each person qualified as an expert who has been retained or
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specially employed by Defendants in anticipation oflitigation or
preparation for trial and who is not expected to be called as a witness at
trial.
29. Identify all individuals whom you intend to call as witnesses at the trial
of this matter and summarize the nature and content of their expected
testimony.
30. Identify all exhibits and documents, which you intend to introduce into
evidence at trial. For each exhibit and document, set forth its subject
matter, date and its present location or custodian.
These interrogatories are to be deemed continuing in nature and should you, or
counsel, or anyone representing your interest, learn of any additional information
qr fact which renders an answer previously made by you inaccurate, incomplete,
incorrect, or otherwise misleading such additional information shall be transmitted
to the undersigned in writing and under oath. (Minn. Rules of Civil Procedure
26.05).
Dated: October 7, 2005
COURI, MACARTHUR & RUPPE, P.L.L.P.
~/c~,
Michael C. Couri (#0214887)
Attorney for Plaintiff
705 Central Avenue East
P.O. Box 369
81. Michael, MN 55376
(763) 497-1930
9
STATE OF MINNESOTA
COUNTY OF WRIGHT
DISTRICT COURT
TENTH JUDICIAL DISTRICT
Other Civil - Breach of Contract
City of Albertville, Minnesota,
Court File No. C5-04-4248
Plaintiff
vs.
CITY OF ALBERTVILLE'S
REQUESTS FOR
ADMISSION PURSUANT TO
RULE 36 - FIRST SET
Edina Development Corporation
Defendant.
TO: Mr. Kyle Hegna, Wilkerson & Hegna, P.L.L.P., One Corporate Center III, Suite
300, 7300 Metro Boulevard, Edina, MN 55439-2302
PLEASE TAKE NOTICE that the City of Albertville requests that Edina Development
Corporation, within thirty (30) days after service of this request, make the following
admissions, under oath, in compliance with Rules 26 and 36 of the Minnesota Rules of
Civil Procedure for purposes of this action only and subject to all pertinent objections to
admissibility which may be interposed at trial:
The City of Albertville requests that Edina Development Corporation admit that
each of the following statements is true:
1. Edina Development Corporation entered into a series of contracts with the City of
Albertville entitled City of Albertville Conditional UseIPlanned Unit
Development Agreement Albert Villas; City of Albertville Conditional
1
Use/Planned Unit Development Agreement Albert Villas Second Addition;
City of Albertville Conditional UselPlanned Unit Development Agreement
Albert Villas Third Addition; City of Albertville Conditional UselPlanned Unit
Development Agreement Albert Villas Fourth Addition, City of Albertville
Conditional Use/Planned Unit Development Agreement Albert Villas Sixth
Addition (collectively referred to hereinafter as "Agreements").
2. Edina Development Corporation entered into a contract with the City of
Albertville entitled and City of Albertville Zoning Request Application for the
plat known as Albert Villas 5th Addition.
3. Edina Development Corporation, by signing these Agreements, agreed to comply
with the terms as set for in the Agreements.
4. Edina Development Corporation, its agents or employees, have failed to flatten
slopes at outlet ditch of structure south of Kalie Avenue and parallel to Kagan
Avenue on property which is the subject of the City of Albertville Conditional
Use/Planned Unit Development Agreement Albert Villas Third Addition.
5. Edina Development Corporation, its agents or employees, have failed to remove
fabric from catch basins in such locations as are on property which is the
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subject of the City of Albertville Conditional Use/Planned Unit Development
Agreement Albert Villas Third Addition.
6. Edina Development Corporation, its agents or employees, have failed to clean
and maintain County Ditch No.9 in such locations as are on the on property
which is the subject of the City of Albertville Conditional Use/Planned Unit
Development Agreement Albert Villas Third Addition.
7. Edina Development Corporation, its agents or employees, have failed to remove
fabric from catch basins on property which is the subject of the City of
Albertville Conditional Use/Planned Unit Development Agreement Albert
Villas Fourth Addition.
8. Edina Development Corporation, its agents or employees, have failed to remove
construction debris and washout material in County Ditch No.9 at 49th Street in
such locations as are on property which is the subject of the City of Albertville
Conditional Use/Planned Unit Development Agreement Albert Villas Fourth
Addition.
9. Edina Development Corporation, its agents or employees, have failed to
complete construction of bituminous trail on Outlot A of Albert Villas Sixth
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Addition as required by the City of Albertville Conditional Use/Planned Unit
Development Agreement Albert Villas Sixth Addition.
10. Edina Development Corporation, its agents or employees, have failed to remove
the fabric from catch basins in such locations as are on property which is the
subject of the City of Albertville Conditional UselPlanned Unit Development
Agreement Albert Villas Sixth Addition.
11. Edina Development Corporation, its agents or employees, have failed to clean
County Ditch No.9 in such locations as are on property which is the subject of
the City of Albertville Conditional Use/Planned Unit Development Agreement
Albert Villas Sixth Addition.
12. Edina Development Corporation, its agents or employees, have failed to remove
the concrete bridge structure of Count Ditch No.9 near Albert Villas Park in such
locations as are on property which is the subject of the City of Albertville
Conditional Use/Planned Unit Development Agreement Albert Villas Sixth
Addition.
13. Edina Development Corporation has failed to pay all engineering costs
incurred by the City and billed to Edina Development Corporation in
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processing and developing the plat of Albert Villas as required by that
agreement between the City and Edina Development Corporation entitled the
City of Albertville Conditional UseIPlanned Unit Development Agreement
Albert Villas.
14. Edina Development Corporation has failed to pay all engineering costs
incurred by the City and billed to Edina Development Corporation in
processing and developing the plat of Albert Villas Second Addition as
required by that agreement between the City and Edina Development
Corporation entitled the City of Albertville Conditional UseIPlanned Unit
Development Agreement Albert Villas Second Addition.
15. Edina Development Corporation has failed to pay all engineering costs
incurred by the City and billed to Edina Development Corporation in
processing and developing the plat of Albert Villas Third Addition as required
by that agreement between the City and Edina Development Corporation
entitled the City of Albertville Conditional UseIPlanned Unit Development
Agreement Albert Villas Third Addition.
16. Edina Development Corporation has failed to pay all engineering costs
incurred by the City and billed to Edina Development Corporation in
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processing and developing the plat of Albert Villas Fourth Addition as required
by that agreement between the City and Edina Development Corporation
entitled the City of Albertville Conditional Use/Planned Unit Development
Agreement Albert Villas Fourth Addition.
17. Edina Development Corporation has failed to pay all engineering costs
incurred by the City and billed to Edina Development Corporation in
processing and developing the plat of Albert Villas Sixth Addition as required
by that agreement between the City and Edina Development Corporation
entitled the City of Albertville Conditional Use/Planned Unit Development
Agreement Albert Villas Sixth Addition.
Dated: (0 -?- 0>
/JdJ C~
Michael C. Couri
Attorney I.D. # 214887
Attorney for the City of Albertville
P.O, Box 369
705 Central Avenue East
St. Michael, MN 55376-0369
(763) 497-1930
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STATE OF MINNESOTA
IN DISTRICT COURT
COUNTY OF WRIGHT
TENTH JUDICIAL DISTRICT
Other Civil
Court File No. C5-04-4248
City of Albertville,
Plaintiff,
PLAINTIFF'S
REQUEST FOR
PRODUCTION OF
DOCUMENTS, FIRST SET
v.
Edina Development Corporation,
Defendant.
TO: Mr. Kyle Hegna, Wilkerson & Hegna, P.L.L.P., One Corporate Center III,
Suite 300, 7300 Metro Boulevard, Edina, MN 55439-2302
PLEASE TAKE NOTE that Petitioner hereby requests, pursuant to Rule 34
of the Minnesota Rules of Civil Procedure, that Defendant Edina Development
Corporation produce, and permit Plaintiff to inspect and copy, each of the documents
described more particularly below, and that this production take place within thirty
(30) days after the service hereof, at the offices of Couri, MacArthur & Ruppe,
P.L.L.P., 705 Central Avenue East, St. Michael, MN 55376 or such other time and
place as shall be mutually agreed upon.
The "Definitions/Instructions" contained in Plaintiffs First Set of
Interrogatories to Defendant of even date herewith, are incorporated by reference
herein and are equally applicable to the following requests. These requests are
continuing in nature and apply to any documents which come into the possession of
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Defendant during the course of this litigation. In addition, should Defendant decline
to produce any documents described below on grounds that such documents are
privileged, confidential, attorney work product or trial preparation material,
Defendant is requested to:
(1) Identify each such document withheld by date, author or source,
addressees (if any), present location, and custodian; and
(2) Identify the grounds for Defendant's claim of privilege,
confidentiality, attorney work product or trial preparation material.
DOCUMENT REQUESTS
1. Any and all documents that are identified in Defendant's Answers to
Plaintiff's First Set of Interrogatories to Defendant.
2. All documents that Defendant intends to introduce into evidence at the
trial of this matter.
3. All documents received from the City of Albertville, its employees,
consultants, contractors or agents.
4. All correspondence, including, but not limited to billings, invoices and
bills of lading received by Defendant from its contractors,
subcontractors, agents and suppliers for any material supplied or work
performed in installing Municipal Improvements or on- and off-site
improvements on the Subject Property as required by any of the
Agreements.
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5. All documents received from Pilot Land Company or representatives of
Pilot Land Company related in any way to the City of Albertville.
Dated: October 7, 2005
C~THUR & RUPPE, P.L.L.P.
, {'~
Michael Couri (#21488"7)
Attorney for Plaintiff
705 Central Avenue East
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
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