2008-05-06 Answer to SummonsMichael C. Couri*
Andrew J. MacArthur
Robert T. Ruppe—
*Also licensed in Illinois
**Also licensed in California
May 6, 2008
COURT, MACAR THUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, IN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
courimacarthur@earthlink.net
Mr. Marvin Fabyanske
Fabyanske, Westra, Hart & Thomson, P.A.
800 La Salle Avenue, Suite 1900
Minneapolis, MN 55402
Minnesota Development Agency, LLC
Hunters Development, LLC
9766 Fallon Avenue #201
Monticello, MN 55362
Contractors Capital Corporation
1428 5th Avenue
Anoka, MN 55303
Kyle R. Hartnett
Re: City of Albertville; S.J. Louis Construction, Inc. v. Minnesota
Development Agency, LLC, et al.
Dear Sirs:
Our office represents the City of Albertville in the above -entitled matter. Please
find enclosed and hereby served upon you the City of Albertville's Answer to Plaintiff's
Complaint in the above -entitled matter. Please inform me when the Complaint is filed in
District Court. Thank you.
Sincerely,
Michael C. Couri C
Couri, MacArthur & Ruppe, P.L.L.P.
Enclosure
Cc: Larry Kruse, City Administrator
STATE OF MINNESOTA
COUNTY OF WRIGHT
S.J. Louis Construction, Inc.,
Plaintiffs,
V.
Minnesota Development Agency, LLC, a
Minnesota Limited Liability Company;
Hunters Development, LLC, a Minnesota
Limited Liability Company; Contractors
Capital Corporation; a Minnesota corporation;
And City of Albertville, a Minnesota
Municipal corporation,
Defendants.
DISTRICT COURT
SEVENTH JUDICIAL DISTRICT
CASE TYPE: CONTRACT
Court File No.
ANSWER
Defendant City of Albertville ("City") by and through undersigned counsel Couri,
MacArthur & Ruppe, P.L.L.P. respectfully submit this Answer in response to Plaintiff's
Complaint as follows:
THE PARTIES
1. As to the allegations contained in Paragraph 1 the City admits the same.
2. As to the allegations contained in Paragraph 2 the City is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained therein and
therefore denies the same.
3. As to the allegations contained in Paragraph 3 the City is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained therein and
therefore denies the same.
4. As to the allegations contained in Paragraph 4 the City is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained therein and
therefore denies the same.
5. As to the allegations contained in Paragraph 5 the City admits the same, except
that the City states that its address is 5959 Main Avenue North East, Albertville, Minnesota.
6. As to the allegations contained in Paragraph 6 the City admits the same.
7. As to the allegations contained in Paragraph 7 the City admits the same.
FACTUAL ALLEGATIONS
As to the allegations contained in Paragraph 8 the City is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained therein and
therefore denies the same.
9. As to the allegations contained in Paragraph 9 the City admits the same.
10. As to the allegations contained in Paragraph 10 the City admits the same.
11. As to the allegations contained in Paragraph 11 the City admits the same.
12. As to the allegations contained in Paragraph 12 the City admits the same, but
states that the City's ability to draw on the letter of credit and pay contractors who worked on the
Municipal Improvements arises after the Developer fails to provide the City with lien waivers for
such work.
13. As to the allegations contained in Paragraph 13 the City admits the same.
14. As to the allegations contained in Paragraph 14 the City is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained therein and
therefore denies the same.
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15. As to the allegations contained in Paragraph 15 the City is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained therein and
therefore denies the same.
16. As to the allegations contained in Paragraph 16 the City is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained therein and
therefore denies the same.
17. As to the allegations contained in Paragraph 17 the City is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained therein and
therefore denies the same.
18. As to the allegations contained in Paragraph 18 the City is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained therein and
therefore denies the same.
19. As to the allegations contained in Paragraph 19 the City is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained therein and
therefore denies the same.
20. As to the allegations contained in Paragraph 20 the City is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained therein and
therefore denies the same.
21. As to the allegations contained in Paragraph 21 the City admits the same.
22. As to the allegations contained in Paragraph 22 the City is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained therein and
therefore denies the same.
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without knowledge or information sufficient to form a belief as to the truth of that allegation
contained therein and therefore denies that allegation.
31. As to the allegations contained in Paragraph 42 the City admits the same.
32. As to the allegations contained in Paragraph 43 the City denies the same.
33. As to the allegations contained in Paragraph 44 the City admits this allegation
except as to that portion that states "and order the City to draw against Hunters Development's
letter of credit or other security for the payment of Plaintiff's work performed on the Municipal
Improvements identified in the Development Agreement" which the City denies. The City joins
in Plaintiff's request for a Court order authorizing the City to draw on the Hunters Development
letter of credit for the purposes of paying Plaintiff that which it is entitled for installing the
Municipal Improvements, provided the Court recognizes and reserves to the City the right to
withhold such amounts from the Letter of Credit as deemed necessary by the City to fulfill
Defendant's obligations to the City under the terms of the Development Agreement attached as
Exhibit A to the original complaint including, but not limited to, the Development Agreement's
warranty provisions and payment of City expenses.
PRAYER FOR RELIEF
WHEREFORE, defendant City of Albertville respectfully requests from this Court the
following relief-
1 . The entry of a declaration of rights determining that,
A. The City is permitted to draw on the Letter of Credit for the specific
purposes as identified in Paragraph 5C of the Development Agreement to
fulfill the obligations of Hunters Development to Plaintiff as outlined in
the Complaint.
matter.
B. That this Court recognize and reserve to the City the right to withhold
such amounts from the Letter of Credit as deemed necessary by the City to
fulfill Defendant's obligations to the City under the terms of the
Development Agreement attached as Exhibit A to the original complaint
including, but not limited to, the Agreement's warranty provisions and
payment of City expenses.
2. That a hearing on Plaintiff's requested relief against the City be scheduled on this
3. For an award of reasonable costs and attorney's fees.
4. For such other relief as the Court deems just and equitable.
COURI, MACARTHUR & RUPPE, P.L.L.P.
Dated: May 6, 2008 By Nc�.
Michael C. Couri (#214887)
Attorneys for Plaintiff
705 Central Avenue East
P.O. Box 369
St. Michael, MN 55376-0369
(763) 497-1930
ACKNOWLEDGMENT
The undersigned hereby acknowledges that costs, disbursements and reasonable attorney
and witness fees may be awarded to the opposing party or parties pursuant to M.S. § 549.211.
By CU: C
t/
Michael C. Couri (#214887)
rei