INFORMATION #3 06-05-1995MEMORANDUM
of _t+~
River
TO: Mayor and City Council
FROM: Sandra Thackeray, City Clerk
DATE: June 5, 1995
SUBJECT: Executive Session Information
INTRODUCTION
Attached is a letter addressed to Judge Danforth form Larry Martin, the
City's Attorney, dated May 31, 1995. This letter is in regard to the pending
litigation of the City of Elk River v. Earl H. Holen. This subject will be
discussed by the Council during an executive session immediately following
the 6/5/95 regular City Council Meeting.
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13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
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LARKIN, HOFFMAN, DALY 8t LINDOREN, LTD.
ATTORNlY8 AT LAW
1lOD NORWEBT FINANC4IL CENTER
7800 XLRXtiB AVENUE SOUTH
Bl0pMINOTON,MINHlOOTA E047t-s1iM
TELEPHONE (N 7) 090.7000
FAX (017) 80e-BaJp
The Honorable Robert B. Danforth
Judge of DisMct Court
Sherburne County Court House
327 King Street
Elk River, Minnesota 55330
RE: City of Elk River v. Earl H. Holen et al
File No. C7-42-960
Dear Judge Danforth:
Via Facsimile and U.S. Mail
This letter Is written to advise you of the status of the above•referenced case which is Ilan appeal of a
condemnation commissioners' award,
Currently, a summary judgment motion is scheduled for Friday, June 9, 1495. The tri l is scheduled to
begin on the following Monday, June 12,1995. You era scheduled to hear the summ judgment
motion. Judge Hall is scheduled to preside over the trial and we are cuaentiy third on ~he trial calondar.
It is likely the trial will take a full week of the court's dme. II
Dn May 30, 1995, t received a letter from John Mac(iibbon, attorney for the property
that he intends to cal! three ar four new witnesses, two of those witnesses were disclos
era expert witnesses. The remaining witnesses have not yet actually been diacloaed. ~
required additional witnesses to be named at least two weeks prior to trial. Expert wit.
exchanged prior to the court's order, dated November 28, 1994, Mr. Macaibbon has I
witnesses and has had their reports since the condemnation commissioners held hearin
MacC)ibbon has Indicated that he is willing to sham his expert witnesses report with ut
receives them; however, he has not received those reports to date and his experts have
they would be delivered prior to trial. This places the City of Elk River at a aignifican
Considering this predicament, the City hes two alternatives available to it: (1) request
order requiring the property owner to provide the City with a copy of their expert witn~
prior to a reasonable date before the new trial date; or, (2) bring a motion to exclude w
owner, indicating
~ on May 30, and
his court's order
ess lists were to be
sown of pur expert
s last year. Mr.
as soon as he
only pmnlised that
disadvantage.
I continutince and
9s appraisal reports
neaees, );spoke
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LARKIN, HOFFMAN, DALY Bt LINDOREN, LTD.
The Hon. Robert B. Danforth
May 31, 1995
Page 2
• with Mr. Mac(iibbon about this matter and he indicated that he would not object to a request for a
continuance. Therefore, we respectfully request that the trial date be continued and suggest thaj it be
scheduled 120 days from the Ciry's motion for summary judgment. This scheduling would allow the
coact time to decide the Ciry's summery judgment motion
In the attemative, the City objects to the property owner adding witnesses at this late date and will bring a
motion to exclude witnesses at the June 9,1995, summaryjudgment motion. In the event that we proceed
on Juno l2, 1995, wa request that this case be calendared first on the court's calendar of cases. I believe
that the estimate of trial time of one week is reasonable and I will be out of town the week following the
week of lone 12.
When I spoke to Mr. MacQibbon on May 30 about these issues, we agreed that we would talk with you
about the issues in a conference call if you are available. I will call your clerk of find out if you are
available to schedule such a call.
lartln, foc
HOFFMAN, DALY 6t LIND(1REN, Ltd.
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cc; Clerk of Court
John MacClibbon, Esq.
Peter K. Beck, Esq.
Daniel W. Voss, Esq.
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