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<br />Hess Law Office P.A. <br /> <br />A Professional Association <br /> <br />James W. Hess <br />Attorney at Law <br /> <br />June 24, 2005 <br /> <br />Mr. Stephen H. Munstenteiger <br />Stephen H. Munstenteiger Law Office, P.A. <br />403 Jackson Street, Suite 300 <br />Anoka, MN 55303 <br /> <br />RE: WESTERN BOUNDARY OF A&R PROPOSED PLAT <br />I <br /> <br />Dear Mr. Munstenteiger: <br /> <br />Please know that I represent A&R Land Development, LLC. This letter is written in response to <br />your communication dated June 22,2005, to A&R Land Development, as well as your <br />communication dated June 22,2005, to Michelle McPherson of the City of Elk River. <br /> <br />I am interested in learning more about your claim for 'the practical location of the boundary. <br />Your letter states that David and Sylvia Stadden have "treated the property. ., as their property." <br />In order for me to consider how to proceed, I would like for you to tell me the evidence you <br />reviewed to support this claim. <br /> <br />Are you alleging that there was an agreement as to boundary line? If so, I ask that you kindly <br />advise me whether this agreement was oral or in writing, with whom your clients made the <br />agreement, the date and terms of the agreement, and the other party to the agreement. <br /> <br />Are you instead alleging simply that you used the property and claim it by adverse possession? <br />If you are, I would like for you to describe to me the various uses your clients made of this <br />property and the time periods involved. <br /> <br />A&R has not decided on any particular approach. Instead, we hope to be able to consider your <br />claim once we are certain of your legal theories and the evidence that supports them.: I am <br />hopeful that we can continue to discuss this and r~solve the issues without expensive, time <br />consuming, and unpleasant litigation. <br /> <br />19230 Evans Street. Suite 202. Elk River, Mn. 55330 <br />Telephone 763.241.4855' Facsimile 763.274.1452' JamesHess@AOL.com <br /> <br />JUN 2 7 2005 <br />