2025-03-13 Albertville vs PotterMichael C. Couri *
Robert T. Ruppe**
Mark S. Allseits
*Also Licensed in Illinois
"Also Licensed in California
March 13, 2025
James W. Delaplain
2915 James Avenue South
Suite 200
Minneapolis, MN 55408
Jeffrey O'Brien
Husch Blackwell
80 South Eight Street
Suite 4800
Minneapolis, MN 55402
COURT & RUPPE, AL.L.P
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: City of Albertville vs. Michael J. Potter, Heidi B. Potter, and Norby Land Corp.
Wright County Court File No. 86-CV-23-5596
Dear Mr. Delaplain and Mr. O'Brien:
Enclosed and hereby served upon you please find the following documents in the above -
referenced case:
1. Stipulation to Dismiss Defendant Norby Land Corporation;
2. Affidavit of Michael C. Couri related to Defendant Norby Land
Corporation;
3. Proposed Order to Dismiss Defendant Norby Land Corporation;
4. Affidavit of Service by Mail of documents dismissing Defendant Norby
Land Corporation;
5. Stipulation to Dismiss Defendants Michael and Heidi Potter;
6. Proposed Order Dismissing Defendants Michael and Heidi Potter; and
7. Affidavit of Service by Mail of documents dismissing Defendants Michael
and Heidi Potter.
March 13, 2025
Page 2
These documents have all been filed with Wright County Court Administration today. If
you have any questions, please do not hesitate to contact Michael Couri. Thank you.
Sincerely,
Kathleen Budish
Couri & Ruppe, P.L.L.P.
Enclosures
cc: City of Albertville
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. 86-CV-23-5596
STIPULATION
TO DISMISS
PLEASE TAKE NOTICE that Plaintiff, under Minnesota Rule of Civil Procedure
41.01(a), hereby dismisses Norby Land Corporation from this action without prejudice.
Dated: March 6, 2025
'r
c
By
Michael C. Couri (#214887)
Couri & Ruppe P.L.L.P.
P.O. Box 369
St. Michael, MN 55376
(763)497-1930
mike@couriruppe.com
Attorney for Plaintiff
1
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. 86-CV-23-5596
AFFIDAVIT OF
NIICHAEL C. COURI
Michael Couri, being duly sworn upon oath, deposes and states as follows:
1. Your affiant is the attorney for the City of Albertville in this matter.
2. Defendant Norby Land Corporation has not served an answer on the City of
Albertville in this matter.
3. No party in this action has served or filed a summary judgment motion in this case.
Dated: March 13, 2025
Further Your Affiant Sayeth Not,
Michael Couri
1
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 13th day of March, 2025 by
Michael Couri.
EG,KATHLEEN BUDISH ! , _1,� NOTARY PUBLICMINNES07ANota Public
y wafton Expires Jan. 31, 2030
2
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. 86-CV-23-5596
ORDER TO DISNIISS
NORBY LAND CORPORATION
The above -entitled matter came before the undersigned pursuant Plaintiff's
Stipulation to Dismiss Defendant Norby Land Corporation pursuant to an affidavit
filed by Michael C. Couri stating that Defendant Norby Land Corporation has
neither served nor filed an answer in this matter and that no party has served or
filed a summary judgment motion in this case. Based upon the files, records and
proceedings herein, IT IS HEREBY ORDERED:
1. Defendant Norby Land Corporation shall be dismissed from the above -entitled
matter without prejudice.
2. All parties shall pay their own costs and attorneys' fees.
Dated:
BY THE COURT:
Judge of the District Court
1
AFFIDAVIT OF SERVICE BY MAIL
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
Kathleen Budish, being first duly sworn, deposes and says that on March 13, 2025,
she served the attached the matter of City of Albertville v. Michael J. Potter, et al.; Court
File No. 86-CV-23-5596:
1. Stipulation to Dismiss Defendant Norby Land Corporation;
2. Affidavit of Michael C. Couri; and
3. Proposed Order Dismissing Defendant Norby Land Corporation
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:
James W. Delaplain
2915 James Avenue South
Suite 200
Minneapolis, MN 55408
Attorney for Defendant Norby Land Corporation
Jeffrey O'Brien
Husch Blackwell
80 South Eight Street
Suite 4800
Minneapolis, MN 55402
Attorney for Defendants Michael and Heidi Potter
Subscribed and sworn to before
me this 13' day of March, 2025.
I, -
Notary Public
LrAZW N
M9,
j q
Kathleen Budish
rJ
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. 86-CV-23-5596
STIPULATION
TO DISMISS
Plaintiff City of Albertville and Defendants Michael J. Potter and Heidi B. Potter
have entered into a Settlement Agreement attached hereto as Exhibit A and pursuant to
such Settlement Agreement Plaintiff and Defendant request that the Court dismiss the
above entitled matter with prejudice. Plaintiff and Defendant stipulate that each party
shall bear its own litigation costs and attomey's fees.
PLAINTIFF
Dated: p,' , 2025
Michael C. Couri (214887)
Couri & Ruppe Law Office
ATTORNEY FOR PLAINTIFF
P.O. Box 369
St. Michael, MN 55316
763-497-1930
DEFENDANT
Dated:
2025
effre erg ( �)
lacic�vell
ATTORNEY FOR DEFENDANT
80 S. Eighth Street, Suite 4800
Minneapolis, MN 55402
(612) 852-2723
STATE OF MINNESOTA
COUNTY OF WRIGHT
City of Albertville, Minnesota,
Plaintiff
VS.
E
EXHIBIT
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. 86-CV-23-5596
SETTLEMENT
AGREEMENT
Whereas, Michael and Heidi Potter (collectively, "Potter") own land in the
City of Albertville, Wright County, Minnesota ("City"), legally described as
follows ("Property"):
The Northwest Quarter of the Northwest Quarter (NW 1/ of NW 1/) of
Section 6, Township 120, Range 23, Wright County, Minnesota, except the
following:
Beginning at the Northwest corner of Section 6, Township 120, Range 23,
and running South on the Section line 33 feet for a starting point; thence
South on the Section line 30 rods; thence East at right angles 16 rods;
thence North 30 rods; thence West parallel with the Section line 16 rods to
place of beginning.
Also Except:
The East 460 feet of the Northwest Quarter of the Northwest Quarter of
Section 6, Township 120, Range 23.
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 Nest 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 land to be herein
described.
Whereas, there currently exists on the Property an array of different items
and materials stored outdoors and further described below ("Materials"); and
Whereas, the City initiated litigation against Potter in Wright County
District Court case file no. 86-CV-23-5596 entitled "City of Albertville vs.
Michael J. Potter, Heidi B. Potter and Norby Land Corporation" ("Litigation")
seeking to have the Materials removed from the Property; and
Whereas, the City and Potter now desire to settle the Litigation upon the
terms and conditions set forth below;
NOW, THEREFORE, the City and Potter agree as follows:
1. The City acknowledges that the Potters have removed the following
Materials from the Property:
A. Fencing materials previously laying on the Property.
D. All piping and hoses except those used to pump water from the ditch for
use in the garden.
C. All aluminum and other scrap metal
D. ,All scrap wood and pallets.
E. All plastic and rubber storage containers.
P. Concrete barriers.
G. Cables.
D. Metal rack for washing gravel.
I. All plate steel, angle iron/steel, aluminum tubing and cables.
J. Metal forms for use in concrete driveway.
K. Light standards.
L. John Deere Tractor (green).
2, The following Materials may remain on the Property indefinitely until a
building is constructed on the Property (unless otherwise noted):
A. One riding lawn mower in working condition.
B. Skid loader and trailer, along with bucket, forklift and trenching
attachments, provided it is stored adjacent to the bushes in the location
shown on the attached Exhibit A.
tj
C. Two large cylindrical containers used to hold water for use in watering
the garden on the Property and the pump and hoses needed to pump the
water, provided they remain in annual use for gardening.
D. Boulders that are currently on the Property.
3. No other Materials will be stored on the Property after the date hereof
except as set forth in paragraph 2 above or unless such storage complies
with all City ordinances.
4. At such time as Potter is no longer in title to the Property, all outdoor
storage on the Property shall be brought into compliance with the City
Code as it exists at the time of such property transfer.
5. The City may enter onto the Property for inspection purposes at reasonable
times.
b. In the event Potter violates the terms of this Settlement Agreement, the City
may enter onto the Property to remove and dispose of items in violation of
this agreement'after providing 3 business days' notice to Mike or Heidi
Potter. in the event the City removes and disposes of such items per this
paragraph, the Potters agree to hold the City harmless and release the City
from any and all claims related to the items removed and disposed of In
such event, Potter shall reimburse the City for the costs of disposing of such
items.
i. The fences on the Property located along the cemetery property and along
Maclver Avenue may stay in place, but must be brought into compliance
with City Code upon issuance of a building permit on any portion of the
Property.
8. Upon the execution of this document by the City and Potter and its filing in
Wright County District Court, the parties authorize the Court to dismiss this
(litigation in its entirety.
9. All parties shall pay their own costs and attorney's fees in this matter.
10. This Agreement contains the entire Agreement between the Parties hereto.
The terms of this Agreement are contractual and not mere recitals. This
Agreement may not be modified or changed, except by writings signed by
the Parties hereto. This Agreement shall be construed in accordance with
and governed by the laws of the State of Minnesota.
Dated: January Z 1, 2025
CITY OF ALBERTVII.LE
Jil' an ndrickson, Mayor
Kris _-Uedke, City Clerk
MIKE & HEIDI POTTER
Michael J Potter
Heidi B. Potter
0
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. 86-CV-23-5596
ORDER TO DISMISS
The above -entitled matter came before the undersigned pursuant to the Stipulation
to Dismiss executed by Defendants Michael J. Potter and Heidi B. Potter and the
City of Albertville. Based upon the files, records and proceedings herein,
IT IS HEREBY ORDERED:
1. This case is dismissed with prejudice.
2. All parties shall pay their own costs and attorneys' fees.
Dated:
BY THE COURT:
Judge of the District Court
1
AFFIDAVIT OF SERVICE BY MAIL
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
Kathleen Budish, being first duly sworn, deposes and says that on March 13, 2025,
she served the attached in the matter of City of Albertville v. Michael J. Potter, et al.; Court
File No. 86-CV-23-5596:
1. Stipulation to Dismiss Defendants Michael and Heidi Potter; and
2. Proposed Order Dismissing Defendants Michael and Heidi Potter
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:
James W. Delaplain
2915 James Avenue South
Suite 200
Minneapolis, MN 55408
Attorney for Defendant Norby Land Corporation
Jeffrey O'Brien
Husch Blackwell
80 South Eight Street
Suite 4800
Minneapolis, MN 55402
Attorney for Defendants Michael and Heidi Potter
DkcL�, ��
Kathleen Budish
Subscribed and sworn to before
me this 131 day of March, 2025.
Notary Public
I7az
MICHAEL C. COURI s.IC'�AEL C. COURINOTARY PUBLIC :EE ,� r4,DTARYPUBLIC
MINNESOTA .- MINNESOTA
My Commission► Expos Jm.31,
.ss on = x,�;res Jan. 31.2030