2007-05-15 Memorandum in OppositionIVERSON REUVERS
ATTORNEYS AT LAW
JASON J. KUBOUSHEK
DIRECT 952.548.7206
JKUBOUSHEK@I VERSONLAW.COM
JON K. IVERSON
May 15, 2007 r:N.:v;;•.
PAUL D. REUVERS
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JEFF M. ZALASKY
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JASON J. KUBOUSHEK
PAMELA WHITMORE
Mark Rossow, Asst. Program Claims Manager ^y�.,
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J.F.
JASON M. HIVELEY
LMCIT .•
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145 University Avenue West
SUSAN M. TINDAL
JEFFREY A. EGGE
St. Paul, MN 55103
AMBER S.LEE
Re: Trust Member: City of Albertville
Claimants: Gold Key Development, Inc. /TC Homes
Claim Nos. 11056480/11057039
Our File Nos. 100.526/100.535
Dear Mr. Rossow:
Since our last report, we have received T/C Homes, Gold Key and Hedlund
Engineering's Memoranda in Opposition to the City's summary judgment motion
and T/C/ Homes and Gold Key's Memoranda in Opposition to S.E.H.'s motion
for summary judgment. We have also filed a Memorandum in Opposition to Gold
Key's motion for summary judgment and a Reply Memorandum in support of our
motion for summary judgment. I have enclosed a copy of all the Memoranda for
your file.
All the parties appear to be arguing over the same thing; namely, whether or not
the Prairie Run plat complies with the City's Development Agreement and
subdivision and zoning ordinances. The Gold Key, Hedlund and T/C Homes
Memoranda are supported multiple affidavits of Brian Mundstock. Mr.
Mundstock is an engineer with Sunde Engineering and has indicated in his review
of the documents that the Prairie Run plat does comply with all applicable
ordinances. We have submitted an Affidavit from Lani Leichty with Bolten
Menk which indicates the plat does not meet City requirements and, moreover,
does not meet MPCA requirements regarding ponding. In all likelihood, the
Court is going to find a fact dispute. The hearing is set for May 15th with Judge
Halsey in Wright County.
Beyond the extensive activity on the summary judgment front, we have been
approached by T/C Homes to stipulate to the intervention of Legacy Homes and
Majestic Builders. We agreed to the stipulation so long as the parties agreed to
extend the discovery and motion deadlines out 45 days. Gold Key and T/C
Homes have said they would be willing to extend the deadlines only with respect
to the new parties. Therefore, we are not going to stipulate to the intervention and
we have instead scheduled a hearing for June 11 to request an amendment of the
Scheduling Order to allow for extended discovery and motion deadlines as well as
IVERSON REUVERS, LLC 1 9321 ENSIGN AVENUE SOUTH I BLOOMINGTON, MN 55438 1952.548.7200 1 FAX: 952.548.7210
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May 15, 2007
Page 2
a new trial date in light of the impending intervention. I will provide the
documentation when it is filed.
We have met with Steve Klein from Barr Engineering and will be meeting with
Art Cobb this week regarding expert reports. Mr. Klein will provide expert
testimony regarding the hydrology of the site as well as whether or not the
subdivision complies with the City's ordinances and state regulations. Mr. Cobb
will be providing expert testimony regarding the damages in this case.
We will report back following the summary judgment hearing. If you have any
questions, please feel free to contact Paul or me.
Best regards,
IVERSON REUVERS
Jason J. Kuboushek
JJK:bh
Enclosures
cc: Bridget Miller, City Clerk
Mike Couri, City Attorney
Larry Kruse, City Administrator