2007-05-30 Update memo from KuboushekIVERSON REUVERS
ATTORNEYS AT LAW
JASON J. KUBOUSHEK
DIRECT 952.548.7206
JKUBOUSHEK@I VERSONLAW.COM
JON K. IVERSON
May 30, 2007 ; .;:..,,..._::N< :;•.
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, there has been significant activity on the file. The
Minnesota Pollution Control Agency has met with the Albertville City Engineers
on the site. During the site visit, the City was given an oral notice of violation
regarding the storm water holding ponds. As you will recall, as part of our
Summary Judgment Motion, we argued the storm water holding ponds did not
account for the upstream watershed. This is significant because Hedlund
Engineering routed the ditch for the upstream watershed through the storm water
holding ponds. They, however, failed to follow MPCA guidelines regarding
proper treatment of the flow from the upstream watershed. Minnesota Pollution
Control Agency indicated this was a violation and will be sending a formal notice
to the City within the next week.
Because of the oral notice of violation, we have brought a Motion to Amend the
Complaint to assert this new violation and also a Motion to Amend the
Scheduling Order Deadlines. The request for the extension of the Scheduling
Order is due to the new counterclaim, as well as Majestic Builders and Legacy
Homes' request to intervene in the case. The parties attempted to work out a
stipulation to these items; however, Gold Key and Hedlund refused to stipulate to
our proposed Amended Complaint. Accordingly, we filed our Motion. The
hearing is set for June 11. Majestic Builders and T/C Homes' Motion to
Intervene will also be heard at that time. Copies of the memoranda are enclosed
for your file.
In addition to the various motions, the parties also discussed having one judge
hear all items on the case due to its complex nature. Judge Halsey, who heard the
Summary Judgment Motions, has been thrown out as a proposed judge. We have
had Judge Halsey on other cases and believed it made sense for him to stay on this
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 30, 2007
Page 2
case. Unfortunately, we recently learned Judge Halsey has refused to be assigned
to the case. Therefore, our trial judge is unknown.
I will report back after we receive the replies to our Motion to Amend the
Scheduling Order and our Complaint. If you have any questions, please feel free
to contact Paul or me.
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