2007-12-24 Update Summary Judgment MotionI IVERSON REUVERS
ATTORNEYS AT LAW
JASON J. KUBOUSHEK
DIRECT 952.548.7206
JKUBOUSHEK@I VERSONLAW.COM
JON K. IVERSON
PAUL D. REUVERS
December 24, 2007 `,,
ME
JEFF M. ZALASKY
JASON J. KUBOUSHEK
Y^ t
EN
PAMELA J.F. WHITMORE
Mark Rossow, Asst. Program Claims Manager
JASON M. HIVELEYN.
LMCIT
SUSAN M.TINDAL
145 University Avenue West
JEFFREY A. EGGE
St. Paul, MN 55103
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 attended Gold Key's Summary Judgment Motion to
dismiss the builder's negligence claims and contract enforcement claims. As you
will recall, we joined in Gold Key's Motion, but did not file any documentation.
We had reviewed Gold Key's Motion papers and felt they adequately argued the
issue and did not wish to duplicate arguments. We did, however, participate
during oral argument.
At oral argument, Gold Key's attorney did not reiterate the facts of the case
because we were assigned Judge Halsey, who previously issued the Summary
Judgment Order. Judge Halsey appeared annoyed with the Motion, but did
understand the issues. He did not ask any questions of Attorney Matt or I. In
responding to the Motions, the builder's attorney argued it was really a case of
fairness. He felt the facts, as they were laid out, barred any claim by the builders
and this was unfair.
Prior to the hearing, I had talked to the builder's attorney about the case. He was
looking forward to finding out whether or not he would be participating in trial. If
the builder's claims were dismissed, Mr. Yoch would not be participating at trial,
but instead would be waiting to file an appeal with regard to the dismissal of the
claims against the City and Gold Key. He also indicated he did not believe any
settlement of the case was possible until it went up on appeal because the builders
are not willing to waive their appeal rights short of a monetary settlement. They
still contend they are entitled to $800,000 in damages. While we feel these
damages are excessive, we do not believe the Court of Appeals will reverse Judge
Halsey's Summary Judgment Order.
IVERSON REUVERS, LLC 1 9321 ENSIGN AVENUE SOUTH I BLOOMINGTON, MN 55438 1952.548.7200 1 FAX: 952.548.7210
WWW.IVERSONLAW.COM
December 24, 2007
Page 2
We are in the process of setting up a meeting with Art Cobb and Barry Bujold for
the beginning of January to discuss the expert reports. We intend to turn those
over shortly after the meeting and then proceed forward with trial.
As always, we will keep you advised of any new developments. Please do not
hesitate to contact Paul or me with any questions, comments or direction.
Best regards,
IVERSON REUVERS
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Jason J. Kuboushek
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cc: Bridget Miller, City Clerk
Mike Couri, City Attorney
Larry Kruse, City Administrator