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.
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.
Iverson Reuvers is pleased to announce Amanda L. Stubson has joined the firm as an attorney. Ms. Stubson is a 2010 graduate of Hamline University School of Law and a 2007 graduate of Augustana College. Ms. Stubson will be working in the areas of land use and civil rights.
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.
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.
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.
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 has been honored with the Mark D. Wisser Award recognizing William Mitchell College of Law Alumni Collegiality. Reuvers is a 1991 graduate of WMCL.