On October 21, 2010, the Honorable Paul A. Magnuson granted the City of St. Paul Defendants’ Motion for Summary Judgment from the bench and dismissed a lawsuit by 32 plaintiffs based on a mass arrest on Shepard Road during the 2008 Republican National Convention in St. Paul. The City of St. Paul and officers were represented by Jon K. Iverson, Jason M. Hiveley, and Susan M. Tindal. Iverson Reuvers has been specifically retained to defend all of the civil cases filed arising out of the 2008 RNC. The case is now on appeal to the Eighth Circuit Court of Appeals.
News
Itasca County Wins Taser Trial
On October 14, 2010, a federal jury determined Itasca County Sheriff’s Deputies did not use excessive force when they deployed their Tasers to effect the arrest of a suspect as the deputies responded to a domestic disturbance. Itasca County was represented by Jon K. Iverson, Jason M. Hiveley, and Stephanie A. Angolkar. The case is now on appeal to the Eighth Circuit Court of Appeals.
Minnesota Supreme Court Limits 60-Day Rule
The Minnesota Supreme Court reversed the Minnesota Court of Appeals decision regarding the failure of the Cook County Board of Commissioners to make or issue written reasons when it denied a zoning application. The Court of Appeals held failure to issue written findings resulted in a violation of the 60-day rule, triggering the automatic-approval penalty. In its opinion reversing this holding, the Supreme Court determined the plain language of Minn. Stat. § 15.99 does not result in automatic approval for failure to issue written findings. As a result, the Court also overruled Demolition Landfill Services, LLC v. City of Duluth, 609 N.W.2d 278, 281-82 (Minn. App. 2000). Cook County was represented by Paul D. Reuvers and Susan M. Tindal.
Court of Appeals Upholds Todd County Highway Decision
The Minnesota Court of Appeals affirmed the district court’s decision upholding the Todd County Board of Commissioners’ decision to rescind the conditional vacation of County Road 55. The decision was based on changed circumstances due to the inability to re-align Highway 27 because MnDOT required indemnification, public opposition, and mounting legal expenses. Todd County was represented by Paul D. Reuvers and Stephanie A. Angolkar.
Paul Reuvers Awarded Mark D. Wisser Award
Paul Reuvers has been honored with the Mark D. Wisser Award recognizing William Mitchell College of Law Alumni Collegiality. Reuvers is a 1991 graduate of WMCL.
The 60-day Rule Requires A Municipality’s Form and Fee
On May 25, 2010, Farmington Township received a favorable decision from the Minnesota Court of Appeals affirming dismissal of a case filed by two landowners who asserted their zoning certificate request must be automatically approved because the Township did not respond to their letter within 60 days. The Court found the “60-Day Rule” in Minnesota Statutes Section 15.99 never triggered because the landowners did not use the Township’s application form or submit the required application fee. Paul D. Reuvers and Andrea B. Wing represented Farmington Township.
April Estate Planning/Long Term Care Workshop
Each month Paul Reuvers and Andrea Wing present a 2 hour educational seminar for anyone interested in learning the basics of estate planning, probate and Medical Assistance (Medicaid) qualification. There is no obligation to attend and the seminar is free. Our April seminar will be Tuesday, April 27th from 10:00 a.m. until noon. A light lunch will be served at noon. Space is limited to 10 people. Please call and make your reservation today: 952-548-7207.
Chisago County Wins Takings Trial
On September 2, 2009, Chisago County received a favorable decision from the Tenth Judicial District, ending protracted litigation regarding unauthorized access onto a county highway by Plaintiff AMW, Inc. In 1999, Chisago County ordered AMW to remove an unauthorized and unpermitted driveway. The case made its way to the Minnesota Court of Appeals, which held in a published decision the County has power to regulate access and remanded to the district court to determine whether AMW had reasonable alternative access. C and R Stacy, LLC v. County of Chisago, 742 N.W.2d 447 (Minn. App. 2007). On remand, the district court held AMW had reasonably convenient and suitable access and dismissed Plaintiffs’ takings claim. Paul Reuvers and Stephanie Angolkar represented Chisago County.