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> .. <br /> <br /> <br />LARKIN, HOFFMAN, DALY 8t LINDOREN, LTD. <br />ATTORNlY8 AT LAW <br />1lOD NORWEBT FINANC4IL CENTER <br />7800 XLRXtiB AVENUE SOUTH <br />Bl0pMINOTON,MINHlOOTA E047t-s1iM <br />TELEPHONE (N 7) 090.7000 <br />FAX (017) 80e-BaJp <br />The Honorable Robert B. Danforth <br />Judge of DisMct Court <br />Sherburne County Court House <br />327 King Street <br />Elk River, Minnesota 55330 <br />RE: City of Elk River v. Earl H. Holen et al <br />File No. C7-42-960 <br />Dear Judge Danforth: <br />Via Facsimile and U.S. Mail <br />This letter Is written to advise you of the status of the above•referenced case which is Ilan appeal of a <br />condemnation commissioners' award, <br />Currently, a summary judgment motion is scheduled for Friday, June 9, 1495. The tri l is scheduled to <br />begin on the following Monday, June 12,1995. You era scheduled to hear the summ judgment <br />motion. Judge Hall is scheduled to preside over the trial and we are cuaentiy third on ~he trial calondar. <br />It is likely the trial will take a full week of the court's dme. II <br />Dn May 30, 1995, t received a letter from John Mac(iibbon, attorney for the property <br />that he intends to cal! three ar four new witnesses, two of those witnesses were disclos <br />era expert witnesses. The remaining witnesses have not yet actually been diacloaed. ~ <br />required additional witnesses to be named at least two weeks prior to trial. Expert wit. <br />exchanged prior to the court's order, dated November 28, 1994, Mr. Macaibbon has I <br />witnesses and has had their reports since the condemnation commissioners held hearin <br />MacC)ibbon has Indicated that he is willing to sham his expert witnesses report with ut <br />receives them; however, he has not received those reports to date and his experts have <br />they would be delivered prior to trial. This places the City of Elk River at a aignifican <br />Considering this predicament, the City hes two alternatives available to it: (1) request <br />order requiring the property owner to provide the City with a copy of their expert witn~ <br />prior to a reasonable date before the new trial date; or, (2) bring a motion to exclude w <br />owner, indicating <br />~ on May 30, and <br />his court's order <br />ess lists were to be <br />sown of pur expert <br />s last year. Mr. <br />as soon as he <br />only pmnlised that <br />disadvantage. <br />I continutince and <br />9s appraisal reports <br />neaees, );spoke <br />i °d 9£x£1 566t'I£'S0 ld H1LI f/tlWddOH HIJIMtl~ W08d <br />'NNUw,~IrnowMl~epww <br />