2006-10-31 Breach of Contract
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STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF WRIGHT
TENTH JUDICIAL DISTRICT
CASE TYPE: Declaratory Judgment/Breach of Contract
Gold Key Development, Inc.,
a Minnesota corporation,
Court File No. 86-CY -06-2998
Plaintiff,
vs.
City of Albertville,
Defendantffhird Party Plaintiff,
vs.
Short Elliott Hendrickson, Inc.,
Third Party Defendant.
TIC Homes, Inc., a Minnesota corporation,
Court File No. 86-CY -06-4997
Plaintiff,
vs.
Gold Key Development, Inc., a Minnesota corporation,
Defendant, Third Party Plaintiff,
vs.
Hedlund Engineering,
Third Party Defendant,
and
City of Albertville,
Defendant/Third Party Plaintiff,
vs.
Short Elliott Hendrickson, Inc.,
Third Party Defendant.
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TmRD PARTY COMPLAINT
City of Albertville, for its Third Party Complaint against the above named Third Party
Defendant, states and alleges as follows:
1. Third Party Plaintiff City of Albertville (hereinafter "the City") is a municipality
located in the County of Wright, State of Minnesota.
2. Third Party Defendant Short Elliott Hendrickson, Inc. (hereinafter "SEH") is a
duly formed Minnesota corporation with its principal place of business located in St. Paul,
Minnesota.
3. Third Party Plaintiff City of Albertville has been served with a Complaint by
Plaintiff Gold Key Development, a copy of which is attached hereto as Exhibit A and
incorporated by reference.
4. The City has herein answered the Complaint.
5. Third Party Plaintiff City of Albertville has been served with a Complaint by
PlaintiffT/C Homes, Inc., a copy of which is attached hereto as Exhibit B and incorporated by
reference.
6. The City has herein answered the Complaint.
7. Defendant Gold Key Development has asserted a Crossclaim against the City, a
copy of which is attached hereto as Exhibit C and incorporated by reference.
8. The City has served a Reply to Gold Key's Crossclaim, a copy of which is
attached hereto as Exhibit D and incorporated by reference.
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9. The City retained SEH for professional engineering services associated with the
development of the Prairie Run Subdivision.
10. The City relied upon the knowledge, skill, experience and professional expertise
of SEH related to the development of the Prairie Run Subdivision.
11. Plaintiff TIC Homes has asserted claims of negligence and breach of contract
against the City, as more fully set forth in Exhibit C.
12. Defendant Gold Key Development has asserted a claim for indemnification and/or
contribution against the developer as more fully set forth in Exhibit C.
13. To the extent there is any finding of liability and/or judgment against the City,
based upon Gold Key Development's Complaint, TIC Homes' Complaint, or upon Defendant
Gold Key Development's Crossclaim, the City is entitled to indemnification and/or contribution
from SEH for the full amount of any such liability or judgment because the City relied upon
SEH.
WHEREFORE, the City of Albertville requests:
1. In the event that Plaintiff Gold Key Development, Inc., Plaintiff TIC Homes, Inc.,
or Defendant Gold Key Development, Inc., prevail at trial and/or recover a judgment in this
action for all or any part of their claims stated in the Complaints or Crossclaims, then the City is
entitled to contribution and/or indemnity from Third Party Defendant SEH for all or part of the
amount of the judgment including costs, disbursements and attorneys' fees, if permitted; and
2. Such other relief as the Court deems just and equitable.
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IVERSON REUVERS
Dated: October 31, 2006
By
Paul D. Reuvers, #217700
Jason J. Kuboushek, #304037
Attorneys for Defendant and Third Party
Plaintiff City of Albertville
9321 Ensign Avenue South
Bloomington, MN 55438
(952) 548-7200
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
Paul D. Reuvers, #217700
Jason J. Kuboushek, #304037
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