2023-05-23 Letter to Potter and Norby re ord violationsCOURI & R UPPE, P.L. L. P
Michael C. Couri*
Robert T. Ruppe**
*Also Licensed in Illinois
**Also Licensed in California
May 23, 2023
Mr. Michael Potter
11650 57th Street NE
Albertville, MN 55301
Mr. Brian Norby
Norby Land Corporation
P.O. 69
Albertville, MN. 55301
Attorneys at law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAA)
www.couriruppe.com
RE: Albertville Code Enforcement — illegal land use on parcel PID: 10 1 - 800-062-200
Dear Mr. Potter and Mr. Norby:
In May of 2021, and on September 13, 2022 the City of Albertville sent both of you
letters regarding the illegal land uses on the property located at the southwest corner of
60111 Street NE and Mackenzie Avenue (PID 101-800-062-200) by Norby Land
Corporation. The City has no record of any development approvals for this business at
this site. This site is zoned B-3 Highway Commercial District, the contractor's yard is not
identified as a permitted use within the B-3 zoning district. The use and conditions on the
site fail to meet City performance standards.
In addition to the illegal uses of the property by Mr. Norby, it appears that Mr. Potter is
also illegally storing machinery, equipment, construction materials, piping, semi -tractor
parts, several trailers including a semi -trailer, boulders, a skid loader, a pop machine, a
hoist as well as a host of other items, all of which are being stored outdoors with no
screening and which are not a permitted use on this property under the City's zoning
ordinance.
Also, a significant amount of square footage of what appear to have been wetlands have
been filled without obtaining the proper permits from the City and/or Wright County as
required by state law.
Mr. Michael Potter
Mr. Brian Norby
May 23, 2023
Page 2 of 2
Finally, the storage of many of the items outdoors also appears to be a nuisance under the
City's nuisance ordinance.
The City requires that you remove all items that are currently stored on the property,
cease operating the Norby excavating/landscaping business from the property and restore
the grounds to the condition they were in before these items were stored on the property.
In light these violations, and your failure to adequately respond to the City's prior letters
and other communications on these issues, the City Council has directed our office to
commence legal action in Wright County District Court seeking to enforce the City's
ordinances and state law regarding the violations mentioned as well as any other
violations that may arise during the course of these proceedings. Our office is currently
drafting the paperwork necessary to bring these issues to District Court for resolution.
The City would prefer to resolve these issues without the necessity of litigation, but at
this point, litigation appears to be the only avenue left to the City. I am always willing to
discuss these issues with either or both of you, and while I hope that we can arrive at a
resolution of these issues short of a decision of the District Court, I expect the City will
continue with the Court process until a definitive agreement is signed between the City
and yourselves or until the Court reaches judgment on these issues. If this does proceed
in Court, the City will seek to recover its costs of enforcing its ordinances against both of
you, including the City's attorney's fees.
Please feel free to contact me should you be interested in resolving these issues via a
mutually -agreeable settlement.
Sincerely,
Michael C. Couri
Couri & Ruppe, P.L.L.P.