2008-12-22 Dismissal Order
'Also licensed in Illinois
CDURI, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
www.courimacarthur.com
Kyle R. Hartnett
Sarah E. Schwarzhoff
Michael C. Couri-
Andrew J. MacArthur
Robert T. Ruppe--
'.Also licensed in California
December 22,2008
Mr. Larry Kruse
Albertville City Administrator
Albertville City Hall
P.O. Box 9
Albertville, MN 55301
Re: City of Albertville vs. Edina Development Corporation.
Dear Larry:
Enclosed is the dismissal order dismissing Albertville's lawsuit against Edina
Development Corporation. As you may recall, this litigation was originally filed to
collect the development fees that were never paid by EdinaDevelop~ep.t Corp. The
complaint was then amended to allow the City to make the claim for damages from the
flooding in the Albertvilla's subdivisions. The complaint was never amended because
Edina Development filed bankruptcy and the City hired Iverson Reuvers to bring an
action against SEH for damages. With the discharge of Edina Development in
bankruptcy, the City's claim has essentially been terminated.
While the dismissal is without prejudice, meaning that the City can bring this
claim against Edina Development again in theory, the bankruptcy effectively makes that
option all but impossible. Please contact me if you have any questions regarding this
issue. Thank you.
;;:v C~
Michael C. Couri
Couri, MacArthur & guppe, P.L.L.P.
Enclosure
RECEIVED OCT 2 2' 20~
State of Minnesota
Wright County
I Court File Number:
Case Type:
District Court
Tenth Judicial District
86-C9-05-002481 I
Civil Other/Misc.
MICHAEL CHRISTOPHER COURI
WILLIAM S RADZWILL LAW OFFICES
POBOX369
ST MICHAEL MN 55376
Notice of Filing of Order
CITY OF ALBERTVILLE MINNESOTA vs. EDINA DEVELOPMENT CORPORATION
You are notified that on October 17, 2008, the following was filed:
Order for Dismissal
Dated: October 20,2008
La V onn Nordeen
Court Administrator
Wright County District Court
10 2nd Street NW Rm 201
Buffalo MN 55313-1192
763-682-7539
cc: EDINA
CORPORA nON
DEVELOPMENT
A true and.. con:ectc()py()ft~i~ llotiyehasbeen serVed by mail upon the parties. herein at the last
known address of each, pursuant to Minnesota Rules of Civil Procedure, Rule 77.04.
Notice of Filing of Order
Revised: 12/2002
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF WRIGHT
TENTH JUDICIAL DISTRICT
City of Albertville,
Ct. File No.: C9-05-2481
Plaintiff,
vs.
ORDER
Edina Development Corporation,
Defendant.
The above-captioned matter came on before the undersigned, the Honorable
Stephen M. Halsey, Judge of District Court, on October 14,2008, for a status hearing.
Michael Couri, Esq. appeared on behalf of Plaintiff. There was no appearance by or for
the Defendant.
The Defendant is in bankruptcy and Plaintiff agrees the case should be
dismissed without prejudice.
Therefore, based on all files, records, and proceedings herein, the Court makes
the following
ORDER
IT IS HEREBY ORDERED
This matter is DISMISSED without prejudice.
Dated:~'2008
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