2000-07-28 Temporary Restraining Order Letter
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Michael C. Couri.
Andrew J. MacAnhur
Marcus W. MiUer
*Also licensed in l/linois
COURl & MACARTHUR
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
couriandmacarthur@pobox. com
July 28, 2000
City of Albertville
P.O. Box 313
Albertville,MN 55301
Attention: Mayor and City Council
Re: Albertville - Kollville Estates
Gentlemen:
Please fmd attached a temporary restraining order (TRO) issued against the City of
Albertville. The Order was issued by Judge Dale Mossey on July 26t\ 2000. As you can
see, the Order requires the immediate release of the fmal plat for Kollville Estates. The
TRO is part of a lawsuit filed against the City related to the leasing restrictions on
Kollville Estates.
Because the Judge ordered release of the plat, the closing on Kollville Estates went
forward on Thursday July 2i\ 2000. At the closing, the Developer posted a letter of
credit of approximately $540,000 and paid fees on excess of $80,000. The Developer's
Agreement was also signed by the Developer and recorded against the plat. Neither the
Developer's Agreement, nor the Property Association Covenants contain any prohibitions
on leasing. Rather, the documents require that the Developer must comply with the
City's rental licensing requirements.
Once the Judge released the plat, the only choice to be made was whether or not to
participate in the closing. I chose to participate in the closing. If I had not, then the plat
would have been recorded without any Developer's Agreement, Letter of Credit or fees
paid.
I contacted Mike this morning by telephone. He may be back as early as Tuesday. He
requested that this item be placed on the agenda for the August 7th, 2000. Nonetheless, I
am available for Monday's meeting to answer questions. In light of the Judge's ruling, I
have instructed attorney Dave Lenhardt not to attend the meeting. Because of the
pending litigation, the Council can meet in closed session to discuss the matter.
.
Letter to City of Albertville
July 28, 2000
Page 2 of2
Please let me know if you still wish to meet on this matter on Monday. In either case,
this issue should be placed on the agenda for the regular August meeting.
Y(jk) )
Marcus W. Miller
Couri & MacArthur Law Office