Agenda - Council Work Session - 05/07/2013

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In Buss v. Blue Earth County, 2002 WL 1326624 (Minn. Ct. App. 2002) we successfully defended the decision to grant a variance for the rebuilding of a horse barn. In Diamond A Farm v. Sherburne County, 2004 WL 2283457 (Minn. Ct. App. 2004) we were successful in defending the decision to issue a conditional use permit for the building of a greenhouse. In Overgaard v. Rock County, 2003 WL 21744235 (D. Minn. 2003) we defended the County Board's application and interpretation of its zoning ordinance against a challenge from a neighbor of the applicant. Finally, in SOB, Inc. v. County of Benton, 317 F.3d 856 (8` Cir.) we successfully defended the County's adult use ordinance against a myriad of challenges from the operator and dancers of a strip club. At any given time, our firm is actually engaged in a number of land use litigation files venued all over the State. 2. Municipal Real Estate and Facilities A public client, just as a private client, engages in matters that involve real estate. Municipalities buy and sell land, condemn land, build and remodel facilities, and become engaged in real estate valuation issues involving ad valorem taxation and special assessments. The firm's work in land acquisition includes condemnation where voluntary acquisition of needed land is not possible. The positive results we have achieved include both reasonable settlements and favorable Commissioners' reports and jury verdicts on appeal. In Masonryv. Independent School District No. 347, 2009 WL 1182053 (Minn. Ct. App. 2009), the Appellate Court held that our clients' construction defect claims were not barred by the statute of limitations. This allowed the School District to proceed on its claims for faulty construction to offset repair costs of over $1.9 million. In Independent School District No. 194, Lakeville v. Tollefson Development, Inc. 506 N.W.2d 346 (Minn. Ct. App. 1993), we convinced the Court of Appeals to establish a new rule of law which resulted in the dismissal of the landowner's appeal of the condemnation commission award involving land for the Lakeville High School. The result was that the School District saved roughly $1.3 million; preserving a $700,000 commissioners' award when the landowner had sought over $2,000,000. Our firm also represents our public clients extensively in the area of construction law. We assist clients in preparing construction and consultant contracts so they protect our clients' interests. We also have considerable experience in construction disputes, both in arbitration and the district courts. 3. Environmental Review In United States v. Bailey, 516 F.Supp.2d 998 (D. Minn. 2007), we successfully argued for dismissal of our client as a third party in a Clean Water Act enforcement action brought against a private individual. This kept our client from being responsible for any part of a restoration order requiring the landowner to restore wetlands over which he constructed a road. In Watab Township Citizens Alliance v. Benton County, 728 N.W.2d 82 (Minn. Ct. App. 2007), the Appellate Court upheld our client's decision to rezone and approve a plat application for a community 5