2007-01-25 Iverson review of flood studyIVERSON REUVERS
I ' RNEYS AT LAW
ATT O
JASON J. KUBOUSHEK
DIRECT 952.548.7206
IKUBOUSH EK@IV ERSON LA W.COM
JON K.IVERSON
PAUL D. REUVERS
JEFF M. zALA$KY
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January 25, 200 / JASON J. KUBOUSHEK
PAMELA J.F. WHITMORE
JASON M. HIVELEY
SUSAN 1VI. TINDAL
Larry Kruse JEFFREY A.EGGE
City Administrator AMBERS. LEE
CITY OF ALBERTVILLE
5959 Main Avenue NE
P.O. BOX 9
Albertville, MN 55301
RE: City of Albertville vs. SEH
Our File No. 800.520
Dear Mr. Kruse:
Since we last met with the council, we have had the opportunity to review the
Bolton & Menke flood study documents and the grading plans and topography
maps for Albert Villas with Steve Klein from Barr Engineering. We have also
conducted a site visit of the Albert Villas neighborhood with Mr. Klein. As you
will recall, Attorney Couri had initially contacted Mr. Klein regarding possible
expert testimony in this matter. After meeting with Mr. Klein and conducting a
site visit, it is our recommendation we proceed with using Mr. Klein as our
expert. He is very knowledgeable in the area and his initial assessment is neither
the developer's engineer nor SEH followed the applicable standard of care. I
have enclosed an invoice for Mr. Klein's services to date. I would expect we will
be charged an additional $10,000, for further review of the file and an expert
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claims against SEH and the developer's engineer. Accordingly, I would ask your
authority to continue with utilizing Mr. Klein's services.
As part of our representation of the City in the Prairie Run lawsuits, we attended
the deposition of current City Engineer Adam Nafstad. During Mr. Nafstad's
deposition, there was substantial questioning regarding the Albert Villas
development. We are not exactly sure why the developer is so interested in the
Albert Villas development; however, it did provide us with testimony to support
our claim against SEH in the present case. Accordingly, we are drafting our
Complaint with the facts and statements from. Mr. Nafstad's deposition. We
expect to have the Complaint served within the next several weeks.
IVERSONREUVERS,LLC 1932JENSIGNAVENUESOUTH I BLOOMINGTON,MN 55438 ~ 952.548.7200 ~ FAx: 952.548.72 JO WWW.IVERSONLAW.COM
January 25, 2007
Page 2
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 directions.
Yours truly,
IVERSON REUVERS
~./ ~ `~ `'
Jason J. Kuboushek
JJK:be
cc: Michael Couri