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STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF SCOTT
FIRST JUDICIAL DISTRICT
Priorview Limited Partnership,
a/k/a Priorview Limited, a
Minnesota Limited Partnership,
Case No. 93-08239
Plaintiff,
PROPOSED ORDER
v.
Independent School District No. 719
of Scott County and the
City of Prior Lake,
Defendants.
This matter came on for hearing before the undersigned on
October 21, 1993 at 9:00 a.m.
All parties were represented by
counsel.
The court being fully advised in the premises, and based upon
the submissions of the parties, the arguments of counsel and the
file and proceedings herein,
IT IS HEREBY ORDERED:
1. The claim against the city of Prior Lake for breach of
contract set forth in Count I of the Complaint is dismissed for
failure to state facts sufficient to support this cause of action.
2. The claim against the city of Prior Lake for breach of
contract set forth in Count I of the Complaint is dismissed because
it is barred by the six year statute of limitations.
3. The claim against the city of Prior Lake for unjust enrichment
set forth in Count II of the Complaint is dismissed because it
fails to state a claim upon which relief can be based.
4. The claim against the ci ty of Prior Lake for unjust
enrichment set forth in Count II of the Complaint is dismissed
because it is barred by the six year statute of limitations.
5. The claim against the city of Prior Lake for fraud and
misrepresentation set forth in Count III of the Complaint is
dismissed because it fails to state a claim upon which relief can
be based.
6. The claim against the city of Prior Lake for fraud and
misrepresentation set forth in Count III of the Complaint is
dismissed because the city of Prior Lake is immune from suit by
virtue of Minn. Stat. 466.03, subd. 5 and 6.
7. The ~laim against the city of Prior Lake for fraud and
misrepresentation alleged in Count III of the Complaint fails to
allege fraud with sufficient particularity, violates Rule 9.02 of
the Rules of Civil Procedure and must be dismissed.
8. Plaintiff's claim in its prayer for relief for punitive
damages against the city of Prior Lake is stricken.
BY THE COURT:
Judge of District Court
Dated:
S: \SHDATA\P31893\SCR\PRIOR. POI
, 1993.
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