The Minnesota Court of Appeals determined the City of Avon was entitled to summary judgment on a contract dispute. Respondent Nodland Construction Company, Inc. claimed it was entitled to a monetary judgment against the City under the terms of the construction contract. The City, on the other hand, maintained that under a separate written agreement, Nodland pledged any amounts owing under the construction contract as security for a failed development. The court determined the assessment security was an absolute guarantee of the developer’s obligation to pay the assessments and any claim Nodland had for the assessment security was against the developer. The City of Avon was represented by Paul D. Reuvers and Jason J. Kuboushek.
Archives for January 2011
Coon Rapids Wins K-9 Trial
On January 14, 2011, a federal jury determined a Coon Rapids Police Officer did not use excessive force when he utilized his K-9 to apprehend the plaintiff. Coon Rapids was represented by Jason M. Hiveley and Amanda L. Stubson.
Jason M. Hiveley to Present at Police Liability Seminar
Jason M. Hiveley will be a featured presenter at a police liability seminar on February 4, 2011, sponsored by Lorman Education Services. Mr. Hiveley will discuss how to handle a police civil rights case from a defense perspective.
Aitkin County’s Denial of CUP Upheld
On December 21, 2010, the Minnesota Court of Appeals upheld the Aitkin County Planning Commission’s denial of a request by Eagle Nests Townhome Association to amend its conditional use permit to increase the number of mooring sites. The planning commission denied the request due to a continued violation of the shoreland ordinance and environmental concerns. The Court of Appeals affirmed the planning commission’s reasoning. Aitkin County was represented by Paul D. Reuvers and Stephanie A. Angolkar.
Isanti County Wins Jury Trial
On October 15, 2010, a federal jury determined an Isanti County Sheriff’s Deputy did not violate the plaintiffs’ constitutional rights when he performed a welfare check on a child at their residence. Isanti County was represented by Jason M. Hiveley and Andrea B. Wing. The case is now on appeal to the Eighth Circuit Court of Appeals.
Douglas County Wins at Minnesota Supreme Court
The Minnesota Supreme Court determined Minn. Stat. § 117.225 does not authorize the discharge of a portion of an easement acquired by the State of Minnesota for state highway purposes through condemnation proceedings. The appellant sought a declaratory judgment seeking discharge of a portion of the State of Minnesota’s easement on his property. The district court granted Douglas County’s Motion for Summary Judgment. The Minnesota Court of Appeals affirmed the district court’s decision on the ground Minn. Stat. § 117.225 does not permit discharge of a portion of an easement. The Minnesota Supreme Court granted the Appellant’s petition for review, analyzed section 117.225, and affirmed the Court of Appeals. Douglas County was represented by Jason J. Kuboushek.