2023-11-06 Albertville vs Potter and Norby LandMichael C. Couri*
Robert T. Ruppe**
*Also Licensed in Illinois
**Also Licensed in California
November 6, 2023
COURT & RUPP.E, AL.L.P
Attorneys at law
705 Central Avenue East
PO Box 30
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
www.couriruppe.com
Michael J. Potter and Heidi B. Potter
11650 57th Street NE
Albertville, MN 55301
Brian Norby
Norby Land Corporation
5486 Kalenda Drive NE
Albertville, MN 55301
Re: City of Albertville vs. Michael J. Potter, Heidi B. Potter, and Norby Land Corp.
Dear Michael, Heidi, and Brian:
Enclosed and hereby served upon you please find a "Civil Cover Sheet" in the above -
referenced matter. Please note that this litigation matter was filed with Wright County
Court Administration today.
If you have any questions, please do not hesitate to contact Michael Couri. Thank you.
Enclosures
cc: City of Albertville
Sincerely,
-& y
Kathleen Budish
Couri & Ruppe, P.L.L.P.
STATE OF MINNESOTA
COUNTY OF WRIGHT
City of Albertville, Minnesota,
Plaintiff
VS.
Michael J. Potter, Heidi B. Potter and
Norby Land Corporation, a Minnesota
Corporation,
Defendants.
DISTRICT COURT
TENTH JUDICIAL DISTRICT
Other Civil - Ordinance Violation
Court File No.
SUMMONS
1, YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's
Complaint against you is attached to this Summons. Do not throw these papers away. They
are official papers that affect your rights. You must respond to this lawsuit even though it
may not yet be filed with the Court and there may be no court file number on this Summons.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must
give or mail to the person who signed this Summons a written response called an Answer
within 20 days of the date on which you received this Summons. You must send a copy of
your Answer to the person who signed this Summons located at:
Couri & Ruppe, PL LP
705 Central Ave. E.
P.O. Box 369
St Michael, MN 55376
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the
Plaintiff's Complaint. In your Answer you must state whether you agree or disagree with
each paragraph of the Complaint. if you believe the Plaintiffs should not be given everything
1
tasked for the C`011111laint, you i11list say so in your Answer.
4. YOU WILL LOSE?, YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE
TO THE COMPLAINT TO TH , PERSON WHO SIGNED THIS SUMMONS. If you
do not answer within ?(} days, you will lose this erase. You will na:at: get to tell your side of the
story, and the Court may decide agailast you and award the I'll aintiffeverythifig asked for in
the Complt:airrt. If you do not warat to contest the claims stated in the Complaint, you do not,
need to respond. A Cie fatalt judganent can then be entered against you (-or the relief regUested
in the complaint.
5. LEGAL ASSISTANCE. YOU may wish to get legal help from a lawyer. Ifyou do not have a.
lawyer, the COLin A.dminist:rator may have information about paces where YOU call get legal
assistance. Fven if you cannot `let legal help. yoU maast still provide a written Araswcr to
protect yotir rights or you may lose the erase.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to
participate in an alternative dispute resolution process under RUIC 114 of the Minnesota.
General. Rules of Practice. YOU must still send your writ.tera response to the Complaint even ifs
you t.:xpcct to Ilse a1tcrI1at.ive means of I -•Solving this dispute.
DA l'l-";lJ: October 6. 2023 C1,01 ilki & R[,JF1l3E,, 1-11J..P
a..
BY:
Michael C. ('ottri 1:1214887)
1'.0. I3ox 369
St Michael. MN 55376
(763) 197-1930
A'I"l ORNEY I'OR 1i1,AINTIF
2
STATE OF MINNESOTA
COUNTY OF WRIGHT
DISTRICT COURT
TENTH JUDICIAL DISTRICT
Other Civil - Ordinance Violation
City of Albertville, Minnesota, Court File No.
Plaintiff
VS. COMPLAINT
Michael J. Potter, Heidi B. Potter and
Norby Land Corporation, a Minnesota
Corporation,
Defendants.
Plaintiff City of Albertville ("City"), for its complaint against the defendants Michael J.
Potter, Heidi B. Potter and Norby Land Corporation states:
FACTUAL BACKGROUND
1. Defendants Michael Potter and Heidi Potter (collectively, the "Potters") are the
owners of a parcel of land located in the City of Albertville, Wright County,
Minnesota, legally described as follows ("Property"):
Northwest Quarter of the Northwest Quarter of Section 6, Township 120,
Range 23 except therefrom the West 16 rods of the South 30 rods of the
North 32 rods thereof and also except therefrom the East 460 feet thereof.
Also except:
Beginning at the Northwest corner of Section 6, Township 120, Range 23
and running South on the section line 33 feet; thence continuing South on
the section line 30 rods; thence East at right angles 16 rods to the point of
beginning; thence continue East on the same line 11 feet; thence Northerly
to a point 16 rods and 18 feet East of a point, which is 33 feet South of the
Northwest corner of said Section 6, thence West 18 feet to a point 16 rods
East of a point 33 feet South from the Northwest corner of said Section 6;
thence South 16 rods to the point of beginning of the lands to be herein
described.
The Potters have owned such land since at least April 18, 1988.
2. The Potters are residents of Albertville, Minnesota.
3. Norby Land Corporation is a Minnesota Corporation with its registered office
address located at 5486 Kalenda Drive, N.E., Albertville, Minnesota.
4. For all times relevant to the allegations set forth in this complaint, the Property has
been zoned B-3, Highway Commercial District by the City of Albertville.
5. For much of the time from 2005 to the present, the Property had been largely
vacant except for a semi -trailer and a small amount of miscellaneous equipment
stored in the northeast corner of the Property.
6. By 2015, the amount of equipment stored on the Property had increased
substantially and had moved from the northeast corner of the Property to the
southeast corner of the Property. Upon information and belief, Plaintiff believes
the semi -trailer and equipment belonged to the Potters.
7. In approximately 2020, the Potters began to rent the southeast portion of the
Property to Defendant Norby Land Corporation ("Norby"), and shortly after
Norby parked a portable trailer on the southeast corner of the Property which is
being used to operate a landscaping business from the Property. In addition,
Norby stores a significant amount of construction and landscaping materials and
equipment outside on the southeast corner of the Property.
2
8. Upon information and belief, Plaintiff alleges that Norby is operating a
landscaping and construction business on the southwest corner of the Property and
is storing materials used in the business on the Property.
9. Sometime in 2023, the Potters moved a number of construction related items onto
the northwest portion of the Property, including a semi -tractor wheel assembly,
pipes, old tires, approximately 10 trailers, some of which contain construction
machinery and some of which contain piles of construction material, construction
equipment, lumber, scrap metal, a partially disassembled riding mower, an
enclosed construction trailer, a metal shipping container, an approximately 30 foot
long enclosed trailer that appears to be usable as a portable office, an above
ground fuel tank, a portable cement mixer, ladders, a skid loader, an old vending
machine, portable concrete barriers, a metal hoist, metal shelving, and a host of
miscellaneous construction materials. None of these materials are screened from
public view and all are stored on a dirt surface.
10. The Plaintiff has sent Defendant Michael Potter and Defendant Norby multiple
letters over the past two years informing such Defendants of many of the
ordinance violations described in this complaint and requesting that such
Defendants cure such ordinance violations. Copies of such letters are attached
hereto and incorporated herein as Exhibit A. To date, Defendants have refused to
cure such ordinance violations.
COUNT ONE
ZONING/USE ORDINANCE VIOLATION
Appendix A, Sections 4400 and 1000.15
3
11. Plaintiff restates and realleges paragraphs 1 through 10 of this Complaint.
12.4400.4 allows as a conditional use outdoor storage provided that such outdoor
storage complies with City Code Appendix A, Chapter 1000.15.13, which in turn
requires all nonresidential outdoor storage to be:
a. The area occupied is not within a required front or required side yard.
b. The storage area is totally fenced, fully screened and landscaped according
to a plan approved by the zoning administrator, and a landscape guarantee,
as detennined by the zoning administrator, is provided.
c. If abutting a residential district or use, screening and landscaping is
provided according to a plan approved by the zoning administrator.
d. The storage area is grassed or surfaced with asphalt, concrete, or crushed
rock (concrete or granite) to control dust. Should an area surfaced with
anything other than hard surfacing prove to be unmaintainable, the city
shall require that a hard surface be installed within three (3) months of
formal written notice to the property owner.
e. The storage area does not encroach upon required public or employee
parking space(s), required loading space, or snow storage area as required
by this ordinance.
f. A site plan documenting the location and grading of the storage operation
shall be submitted and shall be subject to the approval of the city engineer.
g. The ratio of outdoor storage area to principal building footprint shall not
exceed 3:1.
13. Neither Defendant Norby nor Defendant Potter have applied for or received a
conditional use permit for the outdoor storage located on the Property as required
by City Code Appendix A, Chapter 4400.4, and thus Defendant Norby is in
violation of City Code Appendix A, Chapter 4400.4 by virtue of the fact that the
[A]
Property is currently being used for outdoor storage without first obtaining a
conditional use permit.
14. Defendant Norby's outside storage is within the required front and side yard area
which is prohibited by City Code Appendix A, Chapter 1000.15.B.1, and thus
Defendant Norby is in violation of such provision.
15. Defendant Norby's outside storage is not totally fenced, fully screened and
landscaped according to a plan approved by the zoning administrator, and a
landscape guarantee has not been provided, all as required by City Code Appendix
A, Chapter 1000.15.B.2, and thus Defendant Norby is in violation of such
provision.
16. Defendant Norby's outside storage abuts a residential zoning district, but no
screening and landscaping has been provided as required by City Code Appendix
A, Chapter 1000.15.B.3, and thus Defendant Norby is in violation of such
provision.
17. Defendant Norby's outside storage is not grassed or surfaced with asphalt,
concrete, or crushed rock (concrete or granite) to control dust as required by City
Code Appendix A. Chapter 1000. 1 5.B.4, and thus Defendant Norby is in violation
of such provision.
18. Because Defendant Norby has not submitted a site plan for its outdoor storage,
Defendant Norby is unable to demonstrate that the storage area does not encroach
upon required public or employee parking space(s), required loading space, or
snow storage area as required by City Code Appendix A, Chapter 1000.15.13.6,
and thus Defendant Norby is in violation of such provision.
19. Defendant Norby has failed to submit a site plan documenting the location and
grading of the storage operation, as required by City Code Appendix A, Chapter
1000.15.13.7, and thus Defendant Norby is in violation of such provision.
20. City Code Appendix A, Chapter 1000.15.13.9 requires that the ratio of outdoor
storage area to principal building footprint shall not exceed 3:1.
21. Defendant Norby's portable trailer is not a permitted building in the B-3, Highway
Commercial zoning district under City Code Appendix A, Section 4400.8, and
therefore cannot be considered a principal building. Without a principal building,
Defendant Norby cannot meet any 3:1 ratio of outdoor storage area to principal
building footprint required by City Code Appendix A, Chapter 1000.15.13.9 and
therefore no outdoor storage is permitted on the Property. The materials stored
outdoors on the Property are therefore not allowed as the storage of any materials
outdoors exceeds the 3:1 ratio of outdoor storage area to principal building
footprint required by City Code Appendix A, Chapter 1000.15.13.9 Therefore,
Defendant Norby is in violation of City Code Appendix A, Chapter 1000. 1 5.B.9.
COUNT TWO
ZONING/USE ORDINANCE VIOLATION
Appendix A, Section 1500.3
22. Plaintiff restates and realleges paragraphs 1 through 21 of this Complaint.
23. Albertville City Code, Appendix A, Chapter 1200.3 states:
C
All applications for a building or an occupancy permit in all zoning districts
shall be accompanied by a site plan drawn to scale and dimensioned
indicating the location of off street parking and loading spaces in
compliance with the requirements set forth in this chapter.
24. Albertville City Code, Appendix A, Chapter 1500.3 states:
Except for agricultural development in the A-1 and A-2 districts, single-
family detached dwellings, two-family attached dwellings and minor
projects, additions, or alterations as determined by the zoning administrator,
all building and site plans for multiple -family, commercial or industrial
construction shall be subject to review by the planning commission and
approval by the council.
25. Defendant Norby is occupying the Property. However, neither Defendant Norby
nor Defendants Potters have applied for site plan approval or had a site plan
approved for the Property, and therefore Defendant Norby is in violation of
Albertville City Code, Appendix A, Chapter 1500.3.
COUNT THREE
ZONING/USE ORDINANCE VIOLATION
Appendix A, Section 1200.4
26. Plaintiff restates and realleges paragraphs 1 through 21 of this Complaint.
27. Albertville City Code, Appendix A, Chapter 1200.4.H.13 states in part:
All areas intended to be utilized for parking space and driveways shall be
surfaced with bitumen or concrete to control dust and drainage, except in
the case of farm dwellings/operations and as specified in subsection E of
this section.
28. Defendant Norby is parking automobiles on the Property, yet no portion of the
Property is surfaced with bitumen or concrete. As a result, Defendant Norby is in
violation of Albertville City Code, Appendix A, Chapter 1200A.H.13
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COUNT FOUR
ZONING/USE ORDINANCE VIOLATION
Appendix A, Section 1000.9
29. Plaintiff restates and realleges paragraphs 1 through 21 of this Complaint.
30. Albertville City Code, Appendix A, Chapter 1009.13 states in part:
Submittal Of Drainage Plans: In the case of all residential subdivisions,
multiple -family, business and industrial developments, the drainage plans,
including necessary spot elevations, shall be submitted to the city engineer
for his review, and the final drainage plan shall be subject to his written
approval.
31. Defendant Norby is conducting business or industrial operations on the Property
but has neither submitted a drainage plan to the City nor had a drainage plan
approved by the City Engineer. As a result, Defendant Norby is in violation of
Albertville City Code, Appendix A, Chapter 1009.13.
COUNT FIVE
ZONING/USE ORDINANCE VIOLATION
Appendix A, Section 4400
32. Plaintiff restates and realleges paragraphs 1 through 21 of this Complaint.
33. A landscaping business is not an allowed use as a permitted, conditional, interim
or accessory use under Section 4400 of Appendix A to the City Code, the B-3
Highway Commercial Zoning District, which applies to the Property.
34. Defendant Norby is in violation of Albertville City Code, Appendix A, Chapter
4400 for operating a landscaping business in the B-3 Zoning District where such
use is prohibited.
COUNT SIX
MINNESOTA STATE BUILDING CODE VIOLATIONS
35. Plaintiff restates and realleges paragraphs 1 through 21 of this Complaint.
36. The City of Albertville has adopted the State of Minnesota Uniform Building
Code ("Building Code") and is the enforcement authority for such Code within the
City of Albertville.
37. The Building Code requires that the trailer on the Property that Norby is using as
an office contain functioning plumbing facilities, including bathrooms, that meet
the requirements of the Building Code.
38. Plaintiff alleges, upon information and belief, that the trailer on the Property
contains no plumbing facilities or bathrooms that meet the requirements of the
Building Code, and therefore is in violation of the Building Code.
39. The Building Code also requires that the trailer on the Property have one or more
handicapped parking stalls properly marked and signed for handicapped use only.
40. Plaintiff alleges, upon information and belief, that no properly marked and signed
handicapped parking stalls exist on the Property that meet the requirements of the
Building Code, and therefore the Property is in violation of the Building Code.
COUNT SEVEN
ZONING ORDINANCE VIOLATION
Appendix A, 1000.6
41. Plaintiff restates and realleges paragraphs 1 through 10 of this Complaint.
42.Appendix A to the Albertville City Code, Chapter 1000.6.A. requires any person
erecting a fence to first get a permit from the City before erecting such fence.
I
43. Upon information and belief, Plaintiff alleges that Defendant Norby erected a
fence on the Property without first obtaining a permit as required by Appendix A
to the Albertville City Code, Chapter 1000.6.A, and therefore violated said
Chapter 1000.6.A.
COUNT EIGHT
ZONING/USE ORDINANCE VIOLATION
Appendix A, Section 4400.4 and 1000.15
44. Plaintiff restates and realleges paragraphs 1 through 43 of this Complaint.
45. As owners of the Property, Defendants Potters have control over the Property and
are therefore responsible for acts that occur on the Property.
46. Defendants Potters have had knowledge of the zoning violations set forth in Count
One and Count Two of this Complaint for more than one year, yet have refused to
take action to cure the ordinance violations set forth in Count One and Count Two.
47. As the owners of the Property, Defendants Potters are responsible for all ordinance
violations that occur on their property and are thus in violation of all ordinance
violations set forth in paragraphs 11 through 24 of this Complaint.
COUNT NINE
ZONING/USE ORDINANCE VIOLATION
Appendix A, Section 4400.4 and 1000.15
48. Plaintiff restates and realleges paragraphs 1 through 10 of this Complaint.
49. Appendix A to the Albertville City Code, Section 4400.4, which applies to
properties zoned B-3, including the Property, lists "Outside storage, as regulated
by section 1000.15 of this ordinance" as a conditional use.
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5.0. Appendix A to the Albertville City Code, Section 1000.15.13, requires that all
outdoor storage of equipment, materials, and inventory as an accessory use for
commercial and industrial uses shall require a conditional use permit, and shall
comply with the following:
a. The area occupied is not within a required front or required side yard.
b. The storage area is totally fenced, fully screened and landscaped according
to a plan approved by the zoning administrator, and a landscape guarantee,
as determined by the zoning administrator, is provided.
c. If abutting a residential district or use, screening and landscaping is
provided according to a plan approved by the zoning administrator.
d. A site plan documenting the location and grading of the storage operation
shall be submitted and shall be subject to the approval of the city engineer.
e. The ratio of outdoor storage area to principal building footprint shall not
exceed 3: 1.
51. The Potters have moved a number of construction related items onto the Property,
including a semi -tractor wheel assembly, pipes, old tires, approximately 10
trailers, some of which contain construction machinery and some of which contain
piles of construction material, construction equipment, lumber, scrap metal, a
partially disassembled riding mower, an enclosed construction trailer, a metal
shipping container, an approximately 30 foot long enclosed trailer that appears to
be usable as a portable office, an above ground fuel tank, a portable cement mixer,
ladders, a skid loader, an old vending machine, portable concrete barriers, a metal
hoist, metal shelving, a host of miscellaneous construction materials, and a number
11
of large trees that have been cut down and dumped on the Property (collectively,
"Potter Storage Items").
52. The Potter Storage Items are within the front and side yards in violation of
Appendix A to the Albertville City Code, Section 1000. 15.13. 1.
53. The Potter Storage Items are not totally fenced, fully screened or landscaped
according to a plan approved by the zoning administrator, and a landscape
guarantee, as determined by the zoning administrator, has not been provided, all in
violation of Appendix A to the Albertville City Code, Section 1000.15.13.2.
54. The Potter Property abuts a residential use, but the Potter Storage Items are not
screened or landscaped according to a plan approved by the City's zoning
administrator and therefore is in violation of Appendix A to the Albertville City
Code, Section 1000.15.13.3.
55. A site plan documenting the location and grading of the storage operation on the
Potter Property has not been submitted and approved by the City Engineer and
therefore the Potter Property is in violation of Appendix A to the Albertville City
Code, Section 1000.15.13.7.
56. Because the Potter Property does not contain a principal building, the Potter
Property is in violation of Appendix A to the Albertville City Code, Section
1000.15.B.9 as the ratio of outdoor storage area to principal building footprint
exceeds the 3:1 ratio (outdoor storage square footage to principal building square
footage) limitation of such section.
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57. The Potters have failed to obtain a conditional use permit for outdoor storage as
required by Appendix A to the Albertville City Code, Section 4400.4, and
therefore are in violation of such Section of the City Code.
COUNT TEN
ZONING/USE ORDINANCE VIOLATION
Appendix A, 1800.1
58. Plaintiff restates and realleges paragraphs 1 through 10 of this Complaint.
59. Appendix A to the Albertville City Code, Chapter 1800.1, Land Filling
Operations, provides that any person who proposes to add land fill in the following
manner shall apply to the city for a land fill permit:
• Any deposit of fill in a drainage and utility easement.
• Any deposit of fill in a natural drainage way.
• Any deposit of fill within 10 feet of a property line.
• Adding land fill in excess of 20 cubic yards.
60. The Potters have deposited fill within 10 feet of a property line and have added
land fill in excess of 20 cubic yards to the Potter Property without having first
applied for or received a City land fill permit, and are therefore in violation of
Chapter 1800.1 of Appendix A to the City Code.
COUNT ELEVEN
ZONING ORDINANCE VIOLATION
Appendix A,1000.6
61. Plaintiff restates and realleges paragraphs 1 through 10 of this Complaint.
13
62. Appendix A to the Albertville City Code, Chapter 1000.6.A. requires any person
erecting a fence to first get a permit from the City before erecting such fence.
63. Appendix A to the Albertville City Code, Chapter 1000.6.B. requires all boundary
line fences to be located entirely upon the private property of the person
constructing or causing the construction of such fence.
64. Upon information and belief, Plaintiff alleges that Defendants Potters erected a
fence on property adjacent to the Potter Property without first obtaining a permit
as required by Appendix A to the Albertville City Code, Chapter 1000.6.A, and
therefore violated said Chapter 1000.6.A.
65. Further, upon information and belief, Plaintiff alleges that Defendants Potter
erected said fence on property that was not the private property of the Potters, and
therefore violated Appendix A to the Albertville City Code, Chapter 1000.6.B.
COUNT TWELVE
NUISANCE ORDINANCE VIOLATION
CITY CODE SECTION 5-1-5
66. Plaintiff restates and realleges paragraphs 1 through 10 of this Complaint.
67. City Code Section 5-1-5 states in part:
The following are declared to be nuisances affecting public peace and
safety:
J. Junk Accumulations: Accumulations in the open of broken or unused
metal, wood, lumber, cement, electrical fixtures, plumbing fixtures,
building materials (but excluding building materials awaiting use and
stored for a reasonable period of time for an improvement presently in
progress on the same premises), discarded or unused machinery, household
appliances, automobile bodies, trash, debris, rubbish or other material, in a
manner conducive to the harboring of rats, mice, snakes, or vermin, or the
I[1
rank growth of vegetation among the items so accumulated, or items
accumulated in a manner creating fire, health, or safety hazards.
68. The Potter Storage Items constitute a nuisance under Albertville City Code
Section 5-1-5 in that these items are stored out in the open, accessible to the public
and in a manner conducive to the harboring of rats, mice, snakes, or vermin, or the
rank growth of vegetation among the items so accumulated, and are such that
many of these items constitute a safety hazard to the public.
WHEREFORE, Plaintiff prays for judgment against Defendant and requests that the
Court enter judgment:
1. Ordering Defendant Norby to immediately cease all business operations that
are in violation of the provisions of Appendix A of the Albertville City Code.
2. Ordering Defendant Norby to immediately cease using the trailer that is located on
the Property and to remove the trailer from the Property.
3. Ordering Defendant Norby to remove from the Property all materials that are
stored outside belonging to Defendant Norby or which Defendant Norby brought
onto the Property.
4. Ordering Defendant Norby to remove the fence Norby erected or apply for and
receive a fence permit for such fence.
5. Ordering Defendants Potter and Norby to pave any portion of the Property that is
used for parking.
15
6. Ordering Defendants Potter and Norby to submit a site plan to the Plaintiff for any
use of the Property.
7. Ordering Defendants Potter and Norby to submit a grading and drainage plan to
the Plaintiff for any use of the Property.
8. Ordering Defendants Potter to remove from the Property all materials that are
stored outside, including all trailers.
9. Ordering Defendants Potter to apply for a fence permit, and to remove that portion
of any fence that Potter erected which is not on the Property as well as any portion
of the fence that Potter does not receive a fence permit for.
10.Ordering Defendants Potter to apply for a fill permit for all fill that Potter placed
on the Property without a permit and to remove all such fill that Potter does not
receive a permit from the City for the placement of such fill.
11.Ordering Defendants Potter to abate the nuisances existing on the Property, and
that if Defendants Potter fail to abate such nuisances as required by the Court's
order within 30 days of the issuance of such order, that the City be authorized to
enter upon the Defendant's Property and remove and dispose of all such property,
debris, materials, vehicles, garbage, machinery, equipment, which constitute a
nuisance and any other items that are the cause of such ordinance violations, and
further that the City be authorized to certify all such costs of such removal and
disposal, as well as any additional attorney's fees and Court costs incurred in
effecting such removal and disposal to the Wright County Auditor's Office to be
16
collected as a tax lien against the Defendants Potters Property with the following
year's property tax collections.
12. Awarding plaintiff its costs, attorneys fees, disbUrsenlents and expenses arising froul
the litigation. of this action; and.
13. Such other and further relief as this Court deems )List and proper.
Dated: October 6, 2023
By/ f
Michael C. Couri (#214887)
'Robert T. Ruppe (#301644)
Couri & Ruppe P.L.L.P.
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
mike@couriruppe.com
Attorney for Plaintiff
ACKNOWLEDGEMENT
T
The undersigned hereby acknowledges that costs, disbursemeilts, and
reasonable attorney and witness fees may be awarded pursuant to Minnesota Statutes
section 549.211 to the party against whom allegations in this pleading are asserted.
Date: October 6, 2023 , P/":1✓"
Michael C. Couri (#214887)
Robert Ruppe (#301644)
Couri & Ruppe P.L.L.P.
P.O. Box 369
St. Michael, MN 55376
(763) 497-1.930
mike@couriruppe.com
Attorney for Plaintiff
17
State of Minnesota
County of Wright
City of Albertville, a political subdivision
of the State of Minnesota,
Plaintiff,
vs
Michael J. Potter, Heidi B. Potter and
Norby Land Corporation, a Minnesota
Corporation,
Defendants.
Date Case Filed: November 6, 2023
District Court
Judicial District: Tenth
Court File Number:
Case Tv e: Other Civil
Civil Cover Sheet
(Non -Family Case Type)
Minn. R. Gen. Prac. 104
This civil cover sheet must be filed by the initial filing lawyer or party, if unrepresented by legal
counsel, unless the court orders all parties or their legal counsel to complete this form. Once the
initial civil cover sheet is filed, opposing lawyers or unrepresented parties who have not already
been ordered to complete this form may submit their own cover sheet within ten days after being
served with the initial cover sheet. See Rule 104 of the General Rules of Practice for the District
Courts.
If information is not known to the filing party at the time of filing, it shall be provided to the
Court Administrator in writing by the filing party within seven (7) days of learning the
information. Any party impleading additional parties shall provide the same information to the
Court Administrator. The Court Administrator shall, upon receipt of the completed certificate,
notify all parties or their lawyers, if represented by counsel, of the date of filing the action and the
file number assigned.
ATTORNEYS FOR PLAINTIFF
Michael C. Couri (#214887)
Robert T. Ruppe (#0301644)
Couri & Ruppe, P.L.L.P.
P.O. Box 369
St Michael, MN 55376
Phone: (763) 497-1930
mike@couriruppe.com
bob@couriruppe.com
ATTORNEY FOR DEFENDANT
Unknown
GIV117 State ENG 05/13 www.mncourts.gov/forms Page 1 of 3
DEFENDANTS. Self -represented
Michael J. Potter and Heidi B. Potter
11650 57t' Street NE
Albertville, MN 55301
Phone: Unknown
Email: Unknown
Brian Norby, Norby Land Corporation
5486 Kalenda Drive NE
Albertville, MN 55301
Phone: 612-366-5465
Email: Brian@NorbyLandCorp.com
Note: If either Plaintiff or Defendant gets an attorney, the attorney's name, address, telephone
number and attorney ID number must be given in writing to the Court Administrator immediately.
1. Provide a concise statement of the case including facts and legal basis:
Plaintiff seeks compliance with zoning and nuisance ordinances as well as a permanent
function prohibiting Defendant from storing a variety of machinery. landscaping
supplies. construction materials. junk. trailers. and scrap metal outside without a
conditional use permit and to prohibit Defendant from maintaining a nusisance.
2. Date Complaint was served: October 16.2023 (Nlichael Potter): October 25. 2023
(Brian Norby): November 2. 2023 (Heidi Potter)
3. For Expedited Litigation Track (ELT) Pilot Courts only:
a. ❑ the parties jointly and voluntarily agree that this case shall be governed by the Special
Rules for ELT Pilot. Date of agreement:
b. ❑ The court is requested to consider excluding this case from ELT for the following
reasons:
Note: ELT is mandatory in certain cases, and where mandatory, exclusion may also be
sought by timely motion under the Special Rules for ELT Pilot.
c. Anticipated number of trial witnesses:
d. Amount of medical expenses to date:
e. Amount of lost wages to date:
f. Identify any known subrogation interests: _
CIV117 State ENG 05113 www.mncourts.gov/forms Page 2 of 3
4. Estimated discovery completion within 3 months from the date of this form.
5. Disclosure / discovery of electronically stored information discussed with other party?
X No ❑ Yes, date of discussion:
If Yes, list agreements, plans, and disputes:
6. Proposed trial start date: April 15. 2024
7. Estimated trial time: 1 days hours (estimates less than a day must be
stated in hours).
8. Jury trial is:
X waived by consent of Plaintiff pursuant to Minn. R. Civ. P. 38.02.
(specify party)
❑ requested by (NOTE: Applicable fee must be enclosed)
(specify party)
9. Physical/mental/blood examination pursuant to Minn. R. Civ. P. 35 is requested:
❑ Yes X No
10. Identify any party or witness who will require interpreter services, and describe the services
needed (specifying language, and if known, particular dialect): ! N/A
11. Issues in dispute: Violations of zoning and nuisance ordinances.
12. Case Type / Category: Other Civil (NOTE: select case type from Form 23, Subject Matter
Index for Civil Cases, appended to the Minnesota Rules of Civil Procedure).
13. Recommended Alternative Dispute Resolution (ADR) mechanism: Mediation
(See list of ADR processes set forth in Minn. Gen. R. Prac. 114.02(a))
Recommended ADR provider (known as a "neutral"):
Recommended ADR completion date:
If applicable, reasons why ADR not appropriate for this case:
By signing below, the attorney or party submitting this form certifies that the above information
is true and correct.
Submitted by: /s/ Michael C. Couri
CIV117 State ENG 05/13 www,mncourts.gov/forms Page 3 of 3
Michael C. Couri (#214887)
Couri & Ruppe, P.L.L.P.
P.O. Box 369
St Michael, MN 55376
Phone: (763) 497-1930
mike@couriruppe.com
bob@couriruppe.com
CIV117 State ENG 05/13 www.mncourts.gov/forms Page 4 of 3
AFFIDAVIT OF SERVICE BY MAIL
STATE OF MINNESOTA )
) ss.
COUNTY OF WEIGHT )
Kathleen Budish, being first duly sworn, deposes and says that on November 6,
2023, she served the attached:
1. Civil Cover Sheet
by depositing a true copy of each thereof at in the United States mail, in a sealed
envelope with postage thereon fully prepaid, at the City of St. Michael, Wright County,
Minnesota, addressed to the following:
Michael J. Potter and Heidi B. Potter
11650 57th Street NE
Albertville, MN 55301
Brian Norby
Norby Land Corporation
5486 Kalenda Drive NE
Albertville, MN 55301
g
Kathleen Budish
Subscribed and sworn to before
me this 61 day of November, 2023.
� t
N iz ROBERT RUPPE
>„ Notary Public, State of Minnesota
cl
, ' My Commission Expires
`' January 31, 2025
Notary Public
AFFIDAVIT OF PERSONAL SERVICE
STATE OF MfNNE SOTA )
)ss.
COUNTY OF WRIGHT' )
Michael Couri, being first duly sworn, deposes and says that on October 16, 2023, he
personally delivered a copy of the attached:
Summons and Complaint
upon Michael Potter by then and there handing to and leaving the same with Michael
Potter at the following address:
5959 Main Avenue NE
Albertville, MN 55301
Michael C. Couri
Subscribed and sworn to before
ine this 25"' day of October, 2023.
KA'r.4LEEN BUDISH
State - Minnesota
is ion Expires Notary Public, State of
My Commission Expires
131 2025
January 31, 2025
z
Notary Public
AFFIDAVIT OF PERSONAL SERVICE
S1 WrE Ol,.MINNESo,rA )
) ss.
COUNTY OF WRIGI IT )
Michael Couri, being first duly sworn, deposes and says that on October 25, 2023. he
personally delivered a copy of the attached:
1. '.-,un-in-ions and Complaint
upon Brian Norby by then and there hat-iding, to rind leaving the same with Brian Norby it
the following address:
PID # 10 1800062200, City of Albertville, Wright County, Minnesota
VIC-hael C. COUri
Subscribed rand sworn to before
ti-e this 25"' day of October, 2023.
L -EN BUDISt
Notary Public
AFFIDAVIT OF PERSONAL SERVICE
STATE OFMINNESOTA )
) ss.
COUNTY OF WRIGHT )
Kathleen Budish, being first duly sworn, deposes and says that on November 2,
2023, she personally delivered a copy of the attached:
SL[mrnons and Complaint
Upon Heidi Potter by then and there handing to and leaving the sairic with .Michael Potter
at the following address:
11650 57th Street NE
Albertville, MN 55301
Subscribed and. sworn to before
me this 311 day of November, 2023.
Notary Public
Kathleen BUdish
ROBERT RUPPE
Notary Public, state of klinnes
ota
MY Commission Expires