2005-05-12 Non Issuance of Blg Permits
. Also licensed in illinois
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. Marwitz
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Michael C. Cour;.
Andrew J. MacArthur
Robert T. Ruppe**
.. Also licensed in California
May 12,2005
Mr. David 1. Sjoberg
Wasche & Sjoberg, P.A.
14735 Highway 65 Northeast, Suite 300
Ham Lake, MN 55304-6113
City of Albertville: Albertvillas 6th Addition; Developer Default.
Dear Mr. Sjoberg:
Our office represents the City of Albertville. I have received your letter of May
12,2005 related to the City's refusal to issue a building permit to Chase Michael Homes
Corporation for a lot in the Albertvillas 6th Addition in Albertville. Paragraph 14D of the
Albertvillas 6th Addition Developer's Agreement authorizes the City to withhold building
permits if the Developer has failed to cure a default. The City believes that the
Developer of this plat, Edina Development Corporation, is currently in default on several
provisions of the Developer's Agreement applicable to this plat. Because the
Developer's Agreement was recorded on the property records, and because it explicitly
states that it is binding upon all successors in interest, your client's interest in the lot
remains subject to the terms of the Developer's Agreement, including the provision
which authorizes the City to withhold building permits while a default exists.
Until the outstanding defaults are cured, the City will not issue a building permit
for the construction of a house. Please contact me if you have any questions regarding
this matter. Thank you.
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Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
Cc: Larry Kruse
Jon Sutherland