In November 2001, RDNT (Martin Luther Manor) sought approval from the City of Bloomington for a 3-story, 67-unit senior assisted living facility expansion. The proposed use conflicted with the City’s Comprehensive Plan and would be injurious to the surrounding neighborhood, causing harm to the public health, safety, and welfare. On March 18, 2015, the Supreme Court upheld the Court of Appeals decision in favor of the City, in an opinion authored by Justice Lillehaug. The essence of the decision is that the judicial system is loath to substitute its judgment about the proposed development’s potential injury to the neighborhood for that of the City Council. The decision is based on the City’s determination that the applicant’s proposed conditions for mitigation of the neighborhood injury were insufficient. The City’s decision was upheld as reasonable and not arbitrary or capricious. The City of Bloomington was represented by Paul D. Reuvers, Jason J. Kuboushek, and Stephanie A. Angolkar.
Respondent Mary Wendt was incarcerated at the Mille Lacs County Jail after she was arresting for driving while intoxicated. While in the jail, Mary fell twice, once in her cell and once while being escorted back to jail after a court appearance. She suffered minor injuries from both falls and sued Mille Lacs County for negligence. The County filed a motion for summary judgment and the trial court declined to dismiss the case. The case proceeded to jury trial. The jury found in favor of Mille Lacs County and dismissed the case.
Mille Lacs County was represented by Jason Hiveley.
An employee of the Metropolitan Council filed a lawsuit in December 2012 against the Metropolitan Council alleging violations of Title VII of the Federal Civil Rights Act of 1964 and the Minnesota Human Rights Act. The employee plaintiff claimed the Council did not promote her in violation of a policy to promote internally. On December 17, 2014, after a three-day trial, a federal United States District Court jury determined agents of the Metropolitan Council did not discriminate in promoting another employee over the plaintiff. The Metropolitan Council and its agents were represented by Susan M. Tindal and Nathan C. Midolo.
The Goerke Family Partnership brought a declaratory-judgment action in district court challenging the Lac qui Parle-Yellow Bank Watershed’s approval of landowner William Croatt’s application for a drainage permit. Following a remand to the watershed district’s board of managers for further consideration, the district court affirmed the managers’ approval of the drainage permit. The Goerke Family Partnership appealed, arguing that the district court erred in allowing the board of managers to reconsider the issue and the board of managers erred in determining that the drainage system would be a reasonable use. On December 15, 2014, the Minnesota Court of Appeals held both that the district court properly remanded the issue to the board of managers and the board’s approval of Croatt’s application was reasonable because his proposed drainage system met the elements of the reasonable-use doctrine. Lac qui Parle-Yellow Bank Watershed District was represented by Jason J. Kuboushek.
In July 2009 Chaska police received a call from an agent attempting to repossess Plaintiff Mark Grams’ vehicle. When officers arrived, Grams and several neighbors were preventing the vehicle from being repossessed. Grams appeared to punch one of the repossessing agents and was placed under arrest. Grams, however, ignored officer commands, reached back into his vehicle, and physically resisted arrest. Grams was taken to the ground and handcuffed once he stopped resisting. Grams sued the officers claiming they used excessive force. The case went to trial on November 12, 2014, where Grams’ inconsistent statements, undisputed violence, and unsubstantiated injuries were highlighted. After a two-day trial, a federal United States District Court jury found no excessive force was used in Grams’ arrest. The Chaska officers were represented by Nathan C. Midolo.
The trustee for Eric Kolski filed suit against the City of Brooklyn Park and two police officers, alleging the officers violated Kolski’s rights when the officers entered his home in response to a domestic disturbance call and used deadly force in response to Kolski pointing a gun at the officers. The United States District Court granted summary judgment to the City, holding the two officers reasonably feared for their lives and were entitled to qualified and official immunity. Kolski’s trustee appealed to the Eighth Circuit. The Eighth Circuit affirmed in a published opinion, holding the use of force was constitutionally permissible and the officers were entitled to official immunity based on their reasonable response to a significant threat of physical injury or death. The City of Brooklyn Park and its officers were represented by Jon K. Iverson and Stephanie A. Angolkar.
On December 4, 2012 at about 9:30 p.m., Minnetonka Police Officer Dan Aschenbrener’s squad car collided with a vehicle driven by Sean Kian at the intersection of Excelsior Boulevard and Woodland Road, resulting in Kian’s death. At the time, Officer Aschenbrener was responding to a 911 call with his emergency lights and Opticom emitter activated. Sean Kian’s vehicle was obstructed from Officer Aschenbrener’s view by a large church sign. The traffic light facing Officer Aschenbrener was red with a solid white Opticom. The traffic light facing Kian was yellow with a flashing Opticom and turned turned red as he entered the intersection.
On July 29, 2014, the lawsuit filed by Kian’s family was dismissed because the district court found Officer Aschenbrener reasonably believed it was safe to proceed through the intersection and he did not act with malice. Officer Aschenbrener was granted official immunity and the City of Minnetonka was granted vicarious official immunity. The court also found Officer Aschenbrener had been properly trained by the City. The City of Minnetonka and Officer Aschenbrener were represented by Paul D. Reuvers and Andrea B. Smith.
Iverson Reuvers Condon is pleased to announce Mark J. Condon, Jon K. Iverson, and Paul D. Reuvers were again named Minnesota Super Lawyers for 2014. Each year no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
Iverson Reuvers Condon is also pleased to announce Susan M. Tindal was selected to the 2014 lists of Minnesota Rising Stars and Top Women Attorneys in Minnesota as featured by Minneapolis St. Paul Magazine. Rising Stars are recognized as up-and-coming lawyers who are under 40 years old, or are over 40 but practicing law for ten or fewer years. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
Super Lawyers, a Thompson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.