News

On April 5, 2011, the Minnesota Court of Appeals determined Kerrick Township was entitled to summary judgment on a road vacation dispute.  A Township resident claimed he was entitled to personal service of notice the Town Board was going to consider a road vacation petition.  In a published opinion, the Court of Appeals decided the resident was not entitled to personally served notice because he was not an “affected landowner.”  An “affected landowner” is a person whose land abuts the road in question.  Because “Third Street [did] not pass through, or even abut appellant’s land,” he was not entitled to personal service.  Kerrick Township was represented by Paul D. Reuvers and Andrea B. Wing.

On February 17, 2011, a federal jury determined Kanabec County Deputies and a Transport Officer did not violate the plaintiff’s constitutional rights when they arrested him outside his residence on the belief a warrant existed for his arrest.  Kanabec County was represented by Jason M. Hiveley and Andrea B. Wing.

Each year Minnesota Lawyer honors a group of lawyers relatively new to the profession as Up & Coming Attorneys.  They are nominated by members of the Minnesota legal community for distinguishing themselves early in their legal career.  The criteria to be nominated include:  professional accomplishment or leadership service to the community and the profession.  Congratulations to Susan M. Tindal for being named one of twenty-five Up & Coming Attorneys for 2011.

Jon K. Iverson was a featured speaker at the Jail Personnel Conference, held February 8 and 9.  A copy of  the handout is available here: CO Training Outline – Handout.

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.

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 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.

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.