Attorney Jason Kuboushek’s article The Intricate Representation of a Board or Council has been published in the DRI September 2009 issue of For the Defense. The article explains counsel’s ethical considerations including conflicts of interest and attorney-client privilege when representing a board or council. The article also offers advice to attorneys representing an organization with a “difficult board member.”
News
2009 Super Lawyers
Iverson Reuvers is pleased to announce Jon K. Iverson and Paul D. Reuvers have been selected as 2009 Super Lawyers.
Minnesota Law & Politics magazine mailed ballots to attorneys across Minnesota asking them to vote for the best lawyers they had personally observed in action. A Blue-Ribbon panel of top vote-getters from previous surveys reviewed and voted on the list of nominees and developed a final list. This list represents the top five percent of lawyers licensed to practice in Minnesota. Congratulations Jon and Paul!
2009 Rising Stars
Minnesota Law & Politics magazine has recognized Jason J. Kuboushek, Jason M. Hiveley, and Susan M. Tindal as 2009 “Rising Stars of Law.”
Rising Stars are recognized as up-and-coming lawyers who are under 40 years old, or are over 40 but practicing for ten or fewer years. The magazine’s “Super Lawyers” nominate individuals for Rising Stars. Congratulations Jason, Jason, and Susan!
Public Road by Use Statute Applies to Torrens Property
On June 5, 2009, the City of Fifty Lakes received a favorable decision from the Ninth Judicial District. The district court found a disputed gravel roadway was a public road under the dedication statute, Minn. Stat. § 160.05. The court held the user statute is applicable to Torrens property. This case arises from the construction of a gravel roadway that partially intrudes on Plaintiffs’ Torrens property. The landowners filed this action in 2005, seeking a declaratory judgment that they owned the property over which the road encroaches. They also sought equitable relief in the form of ejectment and damages for trespass. In 2005, the dsitrict court dismissed the complaint on the grounds that the City acquired the property by de facto taking when the road was constructed and that the landowners’ claims were time-barred. The court of appeals reversed and remanded in an unpublished decision. Herbert v. City of Fifty Lakes, No. A06-215, 2007 (Feb. 27, 2007). The Minnesota Supreme Court affirmed the court of appeals decision in Herbert v. City of Fifty Lakes, 744 N.W.2d 266 (Minn. 2008). Paul Reuvers and Susan Tindal represented the City of Fifty Lakes.
Attorneys Reuvers and Kuboushek at MACPZA Training
Iverson Reuvers Attorneys Paul Reuvers and Jason Kuboushek presented a caselaw and legislative update at the Minnesota Association of County Planning and Zoning Administrators (MACPZA) Spring Training and Legislative Update, held on June 11 and 12 in St. Cloud. Attorneys Reuvers and Kuboushek discussed the recent In re Stadsvold decision regarding practical difficulties factors when considering an application for an area variance, as well as other recent Minnesota Court of Appeals decisions.
Alternative Dispute Resolution Practice
Jeff Zalasky recently became a Qualified Neutral approved by the Minnesota Supreme Court to provide mediation services. Over the last 20 years, Jeff has gained extensive civil litigation experience with a concentration in employment law. He has litigated cases in state and federal court and before the Minnesota Department of Human Rights and the Equal Employment Opportunity Commission on a full range of employment related claims including wrongful termination, defamation, employee contracts, discrimination and civil rights violations. Please contact our firm if you would like to inquire about Jeff’s experience or if you would like to find out more about the mediation services our firm can provide.
City of Gaylord Wins Final Plat Appeal
The Minnesota Court of Appeals reversed a district court order granting mandamus relief to Jordan Real Estate Services, Inc. which compelled the City of Gaylord to approve a final plat for Jordan’s subdivision. The appellate court held mandamus is not an available remedy because Jordan did not comply with the City’s subdivision and zoning ordinances. Therefore, under Minn. Stat. § 462.358, subd. 3b, the City was not obligated to approve the final plat. This decision shows a preliminary plat is not the only point at which a City can stop the development process due to noncompliance concerns. Jason J. Kuboushek of Iverson Reuvers represented the City of Gaylord.
Defense Verdict in Jacobson v. Dan Mott
Richard J. Jacobson brought a civil suit against Mille Lacs County Sheriff Deputy Dan Mott, claiming his arrest for obstructing legal process with force was without probable cause and was in retaliation for his questioning of an arrest warrant officers executed. Deputy Mott testified there was probable cause for the arrest based on Jacobson’s use of force to actively resist arrest. Following a 3-day jury trial in federal court before the Honorable Donovan Frank, the jury returned a defense verdict in favor of Deputy Mott. Jason M. Hiveley of Iverson Reuvers represented Deputy Mott.