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1800 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
LAW FIRM
Southside Office Plaza, Suite 2A
1810 Crestview Drive
Hudson, WI 54016
Lommen. Nelson. Cole & Stageberg, P. A
(612) 339-8131
Minnesota W A TS (800) 752-4297
FAX (612) 339-8064
Stephen C. Rathke
Attorney at Law
Minneapolis Office
(715) 386-8217
Twin City Line (612) 436-8085
FAX (715) 386-8219
(612) 336-9305
September 9, 1993
Mr. Frank Boyles
City Manager
Mr. Larry Anderson
Director of Public Works
City of Prior Lake
4629 Dakota St SE
Prior Lake MN 55372
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RE: Priorview Ltd. Partnership v. ISO No. 719, et ale
Our File No. P31893
Dear Frank and Larry:
It was very helpful to get a full background from Larry
Anderson. To follow-up on our meeting, I thought it might be
helpful if I sent you this letter setting out what I believe to be
the public records relating to this matter and asking you to supply
me copies of these records as soon as possible.
As I understand it, in 1983 priorview asked the city to
approve the pla~ for the Priorview First Addi tion. The application
went through the Planning Commission and the City Council. A
developer's agreement was entered into between Priorview and the
city. In order to provide access to the plat, it was necessary for
the developer to purchase a gravel road owned by the school
district and turn that over to the city. After the road was
constructed, it was accepted by the city engineer.
In 1985, the same procedure occurred with respect to Priorview
Second Addition.
Thus, the planning department should have a file on each of
the plats. Larry tells me that the engineer's office also has a
separate file. In addition, there would be minutes. showing
consideration and action by the planning committee and City
Council. Please provide me with copies of all of these records as
soon as possible.
Lommen, Nelson, Cole & Slageberg, P.A.
Mr. Frank Boyles
Mr. Larry Anderson
September 9, 1993
Page 2
After I receive these records, I will prepare an affidavit for
the two of you to sign which recites the involvement of the City of
Prior Lake with this matter. That affidavit will be the basis for
a motion to dismiss the city from the lawsuit.
If you have any questions or concerns, please do not hesitate
to contact me.
Very truly yours,
LOMMEN, NELSON, COLE & STAGEBERG, P.A.
Stephen C. Rathke
SCR: jrw
cc: Mr. Doug Gronli
Berkley Risk Service
Attn: Mr. Robert Weisbrod
Claim No. 11002679
MEMORANDUM
TO:
Frank Boyles, City Manager
FROM:
Larry Anderson, Director of Public Works
DATE:
September 10, 1993
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SUBJECT: Priorview Litigation - Payment for Five Hawks Avenue
On Wednesday, September 8, 1993, Steve Rathke and Larry Anderson met concerning a lawsuit
In 1983 the school district entered into an agreement with Priorview Limited Partnership to pay
for improvements to Five Hawks Avenue. The City ultimately accepted the street. The City and
school district are named in the suit. The suit alleges that the payment was never made for the
construction of the road. The reason given for naming the City was that the City accepted the
road and was benefited.
It appears the real issue is between the developers and the school district Steve Rathke is
representing the City and will be attempting to have the City dismissed from the suit.
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4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
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