Loading...
HomeMy WebLinkAboutLitigation: Westphal, Williams 1974-1988 No, 3073—Subpoena Duces Teeum. (Ren. 195 LITIGATION: Westpha1 , William et�lier.Davia Cu.,wiacineapt:;.w 1974-88 e t . a l ka t t eot , DISTRICT COURT County of WASHINGTON TENTH Judicial District William D. Westphal, Bernice Jean Ann Westphal, 1 Howard C. Johnson and Audrey JQh ,s.Qa Plaintiff... SUBPOENA V8. Village of Oak Park Heights, Al Cote, Raymond DUCES Johnson, John Groth, Frank. Sommerfeldt, Kenneth Heuer, and Stillwater Auto Salvage Co. , Defendant...s THE ST4TE OF dMTINNESOT.I TO KENNETH HEUER( 6141 Panama Ayenue,..110..• , Oak Park Heights, Minnesota Y ou are hereby commanded to appear in the above named court at the Court House, .in the City of Stillwater , on the... 2nd day of Octob;ex , 19 74 , at 10 : 00 o'clock fore noon, then and there to testify on behalf of Plaintiffs in II above entitled proceeding. You, are further directed and commanded to bring with you the following papers and documents now in your possession or under your control, viz.: Minutes of all proceedings of the council since that date, any ordinance books, any account books containing money transactions of the Village, any notices given under. Ordinance 462 any reports received ved b y you of in: jecttion:t b y rrt 1 r �� F. } ;my V. 1 .t il.. c►I,'I;:i,c. :,a1. under Ordinance #62 , and all eonvrool.:; Oak Pork Uc,:k Lo hod in effect an of June, 1972 or has put Into nI`.Cuct ihot data relative to automobile storage (such as Liu., contract wi.Lli ftYil1waLor Auto Salvage Company) , and any and all (. t ra a ,v . _Ace i 1 of ].:i. i,i 'I is t y ,(r►rin rrrrrt,c:, in force on June 23 , 1973 covering the Village of Oak Park lli.'bjii l r( find any of its officials for tort liability including the coverage provided. { WITNESS, The Honorable ..Judge of said Court, and the seal thereof this day of , 19 *Jr4-14-- Clerk 1 • By i''b' Popi{tl/ r r T ) ! 4 I�} ,c . ., ,..: .,,,_._...... .•,,,.i:,,,::a ' ''':-.• )7,,taiiI di i9'73 • :ti • 4._, 2. 7 _ o 4f".4-e;.‘"t----1:1241.-44. ._ ,. .. ,.--..,,,.1_.-!„-::':"::::1',.:1:,-1.-i -- 4 rill &z LIS — - — - r il 71/71 , _ _ ISI 0._,....,,,i. , .. V I / / 1 DUCES 3 ECJINT Tillage of Oak Park Height:!:; , AlCote , Raymond. cy , J(2hn:-:,on , john G o ..''l, Frank So f E'l CS L , Kenneth7 3 .;�r, an,,, SLi1l:,,..ter Auto S a 1 varj e Co. , DefendanZ._.S .:t-r.ETH t:F P ' 1.�!_l Panama Az>e, )te...�''0.,.. THE S '..1:CE OF Jl -1 v,,v7;SO:1 1 ,,,J Oak Park Heights, Minnesota • 1,, :reby coinTnancled, t JO avm.;a na P7beJ court al; LILB Court HC IC j', in the. C i_ S`_i l l:•:a t e�_ on the. 2nd _o h 9 l4 f 10 : 00 o'clock .ore 72.70n, tt'°:n and . ,,..S-r. on, behalf of Plaintiffs - r. ai'.-;,c e. -.`lei' proceedin__. l'o,,. are farther cli.reci!3r1 ccncZ cormman%ie�Z to brinj It,- 3;, ,ou Cie following pa.pers.an'Z clocurrzenta now L?' Lour p93 .SY)P Or ion-7,8r ZIOU,T cor.!rol, L`_.%.: ;•: Lnut is of all proceedings of the couricil since that dated any ordinance b'''oles , any account books containing money transactions;.ons o-- the Village , c.. notices given under Ordinance --62, any reports received by you. C... inspections cti:o_ls by any Village official u`'_ ei' Ordinance i762 , and ail centracts Oak Park Heights had in effect as of June, 1972 or has put to effect since that date relative to automobile storage (such as i the contract with Stillwater Auto Salvage Company) , and any and all j e dc.n.ce of liability insurance in force on June 23 , 1973 covering the i i V i. 1 l ? - _ of Oak Park H Aghts and any of its officials T_or tort l� abil i ty 1 I including the coverage provided . li LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS 84 WOLFF 126 SOUTH SECOND STREET STILLWATER. MINNESOTA 35082 LYLE J. ECKBERG «� 439-2878 JAMES F. LAMMERS March 19, 1975 5 ROBERT G. BRIGGS PAUL A. WOLFF Mayor Raymond N. Johnson Councilman Frank Sowmsrfeldt City of Oak Park Heights City of Oak Park Heights 14922 North 60th Street 5645 Oldfield Avenue North Stillwater, Minnesota 55082 Stillwater, Minnesota 55082 Councilman John Groth Al Cote, Chief of Police City of Oak Park Heights City of Oak Park Heights 6340 Peacan Avenue North 6307 Panama Avenue North Stillwater, Minnesota 55082 Stillwater, Minnesota 55082 L`Mr. Kenneth Heuer, Clerk City of Oak Park Heights 6141 Panama Avenue North r'1 Stillwater, Minnesota 55082 Re: William D. Westphal, et al vs. Village of Oak Park Heights, et al . Gentlemen: Our office has received notice that the referenced case has now been rescheduled for trial for Wednesday, May 21, 1975 at 10:00 a.m. in the new Washington County Court House. Please plan to be present, at that time and place since we have 'Th agreed with the plaintiff's attorney that it will be unnecessary for him to re-serve the subpoenas which were served upon you last fall. This of course means that you will also have to bring with you all of the items which were requested in those original subpoenas. X have copies of the subpoenas which were served on you, so if you have any questions regarding this matter or what you aro required to bring with you, please feel free to give me a call. Yours very truly, \i( Paul A. Wolff PAW:cg LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS & WOLFF 126 SOUTH SECOND STREET STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG 439.2878 JAMES F. LAMMERS January 17, 1975 ROBERT G. BRIGGS PAUL A. WOLFF Mayor Raymond N. Johnson Councilman Frank Sommerfeldt City of Oak Park Heights City of Oak Park Heights 14922 North 60th Street 5645 Oldfield Avenue North Stillwater, Minnesota 55082 Stillwater, Minnesota 55082 Councilman John Groth Al Cote, Chief of Police City of Oak Park Heights City of Oak Park Heights J 6340 Peacan Avenue North 6307 Panama Avenue North Stillwater, Minnesota 55082 Stillwater, Minnesota 55082 /Mr. Kenneth Heuer, Clerk 6141 Panama Avenue North Oak Park Heights [I/ Stillwater, Minnesota 55082 Res William D. Westphal, et el vs. village of Oak Park Heights, et al. Gentlemen! I am sure you will all recall preparing answers to the interrogatories served upon you by the plaintiffs in the referenced case. At about that time I also served interrogatories.,,,* on the plaintiffs requiring them to furnish us with answers but Mr. and Mrs. Johnson had never furnished us with the requested information. Because the Johnsons never furnished their attorney with the necessary information to prepare those -'--1 answers and because of their general lack of cooperation with him and failure to pay his attorney's fees, he brought a motion which was heard on January 16, 1975 at a Special Term of Washington County District Court requesting the court to allow him to withdraw as attorney for the Johnson; and to establish and foreclose his lien for attorney's fees against their property in the City of Oak Park Heights. I also prepared a Motion asking the court to strike the Johnsons' complaint against the City for failure to comply Page 2 January 17, 1975 with the Rules of Civil procedures or in the alternative to compel answers to the interrogatories which I served upon them. When I appeared in court on January 16, 1975 for hearing on these motions, the plaintiffs' attorney, Mr. Haugh advised me that the Johnsons had made satisfactory financial arrangements with his office and that they had furnished his with 911 handwritten pages z` Infeswattion` in answer to ewr Leterregetortes tan wednesday, J dry 15,' 1975. SULCC 1 ' itonoty p ly not gat t typewritten s until arta .R-4.100:04 +Owe Imbrovetwe ems. AMIL.. "' rimer 2 because their daughter is being married that day, all pirtieas agreed to have the court continue the case to a later date. It will, therefore, be unnecessary for you to appear on Friday, January 24, 1975 since the case vrill not be coming up at that time. If you have any questions regarding this matter, please feel free to call at any time. Very truly yours, Paul A. Wolff PAW:cg • VLLZa e Clean-up _ J a ;.4 Z ,ilune 16, 197-3 a 7 44.4 Ev J pec hA. '�4210.00 7.30-2:30 t w 50 #.iA.0 ' ,�. peg tLct 1, /d.00 5 id.. & 4.50 pez 422.50 . Y.' J 19, 19i31-3 yd. 1oculeA 1 ;`�4 1-lycL #h.uclt 1 hiu 40.00 (J.00 pert h/4 J June 23, 17/3 3 And. ire .0. 30.00 pen AA. 4005.00 15ecL.. .O.50 pec 7.50 June , 1973 ck 1 mo S20.00 TOTtiL x'445.00 :✓ Titanic you......... .. • $TILLWATU SANITATION UURVkx WC. Your CMac r'Your hlwMr • Ili 4 1 l LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS & WOLFF 128 SOUTH SECOND STREET STILLWATER. MINNESOTA 55082 439.2878 LYLE J. ECKBERG December 27, 1974 OF COUNSEL: JAMES F. LAMMERS WINSTON E. SANDEEN ROBERT G. BRIGGS PAUL A. WOLFF Mayor Raymond N. Johnson Councilman Frank Sommerfeldt City of Oak Park Heights City of Oak Park Heights 14922 North 60th Street 5645 Oldfield Avenue North Stillwater, Minnesota 55082 Stillwater, Minnesota 55082 Councilman John Groth Al Cote, Chief of Police City of Oak Park Heights City of Oak Park Heights 6340 Peacan Avenue North 6307 Panama Avenue North Stillwater, Minnesota 55082 Stillwater, Minnesota 55082 /Mr . Kenneth Heuer, Clerk 6141 Panama Avenue North Oak Park Heights Stillwater, Minnesota 55082 Re: William D. Westphal, et al, vs . Village of Oak Park Heights, et al. Gentlemen: Our office nas received notice that the referenced case has now been rescheduled for trial for Friday, January 24, 1975 at 10:00 a.m. in the new Washington County Court House. Please plan to be present at that time and place since we have agreed with the plaintiff ' s attorney that it will be unnecessary for him to reserve the subpoenas which were served upon you last fall. This of course means that you will also have to bring with you all of the items which were requested in those original subpoenas. If you have any questions regarding this matter, please feel free to call anytime. Very truly yours, J j n //f c" t r! e V.4 / Paul A. Wolff PaW:cg x LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS & WOLFF 126 SOUTH SECOND STREET STILLWATER. MINNESOTA 33082 439-2878 LYLE J. ECKBERG OF COMM.: JAMES F. LAMMERS WINSTON E. SANDEEN ROBERT G. BRIGGS December 2, 1974 PAUL A. WOLFF Mr. Ken Heuer, Clerk City of Oak Park Heights 6141 Panama Avenue North Oak Park Heights Stillwater, Minnesota 55082 Re: Oak Park Heights -ad- Westphal, et al Dear Ken: Enclosed for your information please find copies of the following: Defendant's Interrogatories to Plaintiff, William D. Westphal; --' ,-e :-7 4) ih,i, A/. fid` Answers to Interrogatories of William D. Westphal; and Answers to Interrogatories of Bernice Jean Ann Westphal. Yours very truly, 1)7 / BVI,'" ___�' Paul A. Wolff PAW:k f Enc. 3 7 , STAT:7, OF MINNESOTA IN DISTRICT COURT CCqiNTY OF WASHINGTON TENTH JUDICIAL DISTRICT William D . Westphal, Bernice Jean Ann Westphal, Howard Johnson, Audrey Johnson, and Anna U. Jehnson, Plaintiffs, vs . DEFENDANT'S INTERROGATORIES TO PLAINTIFF, WILLIAM D . Viliage of Oak Park Heights, Al WESTPHAL. Cote, Raymond Johnson, John Groth, Court File No . 41.34 Feaek sommerfeldt, Kenneth Heuer, an Stillwater Auto Salvage Co . , Defendants . - - T.): WILLIAM D . WESTPHAL , ONE OF THE PLAINTIFFS ABOVE- NAMED, AND TO COLLINS AND BUCKLEY, HIS ATTORNEYS . YOU WILL PLEASE TAKE NOTICE that the undersigned as attorneys for the defendants, Village of Oak Park Heights, Al Cote, Raymond Johnson, John Grath, Frank Sommerfeldt, and Kenneth Heuer herein demand answers to the following interroga- tories, under oatn, and within the time prescribed by the Minnesota Rules of Civil Procedure governing procedure in the .).istriet Court . You are further informed that these interroga- toriee are continuing so that should you, between the time you answer these interrogatories and the date of trial herein, discover other or further information with which to answer said interreeatories , you are to furnish said answers promptly . 1 . State your full name, your present living address, your age and your employment, and your employment in May, le73 . 2 . Set forth with particularity the descriptiee ef each and every motor vehicle owned. py you in may and June of 1973, and with regard to each seen veel.ciee set forth the following information: (a) The location of eaca such vehicle between May i4 and November 23, 1973 , 17.7) each su.74-. vahic7c, saj vetlic1e .044, for any reason, state what work or repairs would have been necessary to make such vehicle operable and the east date on which such vehicle was operable . (c) Whether as to each such vehicle, that vehicle was licensed for the year 1973, if not the latest year for which such vehicle was licensed . (d) Which of said vehicles occupied any of your land in the Village of Oak Park Heights, or land upon which you reside within said village, between May 14, 1973 and November 23, 1373 . 3 . Set forth with particularity, stating date, time and place, any and all conversations held between you and Al Cote between May 14, 1973 and November.. 23, 1973, which in any way relate to the maintenance by you of inoperable or unlicensed motor vehicles on your land during that period of time, setting forth what was said by you, and what was said by Al Cote 4 . If you are aware of, or caused to be prepared, an inventory of personal property from the motor vehicles taken from your land by the Village of Oak Park Heights in/or about June, 1973, set forth the following : (a) The date such inventory was made _ (h) By whom such inventory was made . (c) In whose possession said, inventory is at ti Present time. (d) Attach to the answers to these interrogatories a copy of said inventory as to each such motor vehicle taken from your land in/or about jrne, 1973 . ECKBERG, LAMMERS, BRIGGS & WOLFF ' Paul A . Wolff ' Attorneys for defendants, Village of Oak Park Heights , Al Cote, Raymond Johnson, John Grath, Frank Sommerfeidt, Kenneth Heuer . 126 South Second Street Stillwater, MN 55082 439-2878 - Y $TAT ; OF i INN SO' A DYSTAxCT COURT COUNTY OF WASHINATON TE TU JUDICIAL DISTRICT William D. Westphal, Bernice Jean Ann Westphal, Howard Johnson, Audrey Johnson, and Anna U. Johnson, ANSWERS TO ZNTYRROGATORIES Plaintiffs, Court File No. 43149 vs. Village of Oak Park Heights, Al Cote, Raymond Johnson, John Grath, Prank Sommerfeldt, Kenneth Heuer, and Stillwater Auto Salvage Co. , Defendants. William D. Westphal, one of plaintiffs above named, herewith submits his answers to Interrogatories of the defendants Oak Park heights and its official: 1. William U. Westphal; 15018 64th Street, Stillwater, ^iinneeota; age 39; employed at Anderson Corporation at Bayport, .inne so to. 2. 1969 Chevrolet Truck, operable, licensed for 1973; 1966 Chevrolet Automobile, operable, licensed for 1973; 1950 Chevrolet Salt Ton Pickup Truck, operable, licensed for 1973; 1930 Model A Ford, inoperable because of dead battery; contained pioneer licensed plate and was move' July 15, 1973 approximately; 1955 Chevrolet, operable, licensed for 1971 and removed by the Village of Oak Park Heights in June 1973. 3. On or about June 16, 1973, Al Cote talked to my wife and I at the St. Croix Mall. He said that the village officials were after him to do something about the cars in the village. He instructed us to cover up the 1956 Chevrolet with a tarpaulin and that it would be alright. Rs said if we needed any help, he would come down and help us cover it up. After returning home about one week later and finding out from my wife what had happened while I was away on a trip- I went to Al Cote's house and asked what was the meaning of coming over to ray house and takinii my car when I wasn't home, especially after telling nye to cover it with a tarpaulin and that it would be alright. He then said he didn't have the right to say that and he said that I am going to have your old Ford and your 1950 Chevrolet Pickup also. 4. (a) About March 30, 1973. (kb) By myself. (c) My attorney. (d) Attached. I 1114 D. WESTPHAL Subscribed and sworn to before MG tiiLJay cfnLLL,i.t.LL__,, 1974 . .A,L,A, AOL, A/,'/,\AP,A4NAARAMACAA,A4\AAAAAAWA)-'t • MARY PAM ANDERSON NOTARY PUBLIC-kliNNESOIA - Commiss;on Expires May 2,19R1 t ;4. %(r$1,1q.,t,VVVVeikttl(tWOrbliWIMYVVVVV5:( r INVENTORY OF PERSONAL PROPERTY William D. Westphal Prepared March 30 , 1973 1. Hydraulic Jack 2 . Four dozen Newhouse No. 14 double long spring beaver traps. 3. A 22 caliber/410 gauge over and under single shot firearm. 4 . Small mountain tent. 1 STATE OF tIN'N;t SOTA UISTHICT COURT COUNTY Or WASHINGTON TENTH JUDICIAL DISTRICT Williams D. Westphal, Bernice Jean Ann Westphal, Howard Johnson, Audrey Johnson and Anna U. Johnson, ANSWERS TO INTERROGATORIES Plaintiffs, Cout File No. 43149 vs. Village of Oak Par Heights, Al Cote, Raymond Johnson, John wroth, Frank Sommerfeldt, Kenneth Heuer, and Stillwater Auto Salvage Co. , Defendants. Bernice Jean Ann Westphall, one of plaintiffs above named, herewith submits her answers to Interrogatories of the defendant Oak Park Heights and its official: 1. Bernice Jean Ann Westphal; 14016 64th Street North, Stillwater, Minnesota 55082; age 41; housewife and mother throughout. 2. 1969 Chevrolet Truck, operable, licensed for 1973; 1966 Chevrolet Autorbile, operable, licensed for 1973; 1950 Chevrolet Half Ton Pickup Truck, operable, licensed for 1973; 1930 Model A Ford, inoperable because of dead battery; contained pioneer licensed plate and was moved July 15, 1973 approximately; 1956 Chevrolet, operable, licensed for 1971 and removed by the Village of Oak Park Heights in June 1973. 3. On or about June 16, 1973, Al Cate talked to me and my husband at the St. Croix Mall. He said to Bill and me that the village officials were after him to do something about the cars in the village. Bill said he couldn't do anything for two weeks. Al Cote said to cover the 1956 Chevrolet with a tarpaulin and it will be okay. He said if you need any help, give ne a call and I will cone down to help you cover it up. On June3,. Al Cots came to my door. I talcs him Bill was not home. He read ire part of an ordinance and told me he was going to take the 1956 Chevrolet. I told him we that we had covered the car as he told us to do. Hs said I should not have told you to cover it up. I had no authority to say that. Then he said this is a new ordinance that replaced the old one and I didn't f know about it. I said Sill will not be home for a few days and 1 cannot do anything about the car. I told him I thought he was wrong to tell us to cover the car and one week later tell me he was going to take the 1956 Chevrolet after we had done as he told us to do. He walked away saying, "I will be back after lunch to hook on. " About 1100 on June 23, 1973, the Stillwater Auto Salvage Co. and Al Cote came right in to our yard and uncovered the 1956 Chevrolet. They told my children to ask me for the keys. I replied that Mr. Westphal had the keys with him. They then proceeded to remove the 1956 Chevrolet from my property. 4. %n inventory was made on or about March 30, 1973, by my husband. It is presently in the possession of my attorney, William B. Haugh, Jr. and I understand the ropy has been attached to the answers to my husband's interrogatories. It RN CL JEAN Jt lJ WES`.CPHAL Subscribed and sworn to before me t�.is;,+wi"f i 4ay 1974 Y M AN ;;j1 PUBLIC I.'{ ;14 ESO 1MSEY COJNTY 7 • • LAW OFFICES OF EGKBERG, LAMMERS, BRIGGS 8c WOLFF 128 SOUTH SECOND STREET ti STILLWATER. MINNESOTA 85082 439.2878 LYLE J. ECKSERG December 27, 1974 OF CoUNSKL+ JAMES F. LAMMERS WINSTON E. SANDEEN ROBERT G. BRIGGS , PAUL A, WOLFF Mayor Raymond N. Johnson Councilman Frank Sommerfeldt City of Oak Park Heights City of Oak Park Heights 14922 North 60th Street 5645 Oldfield Avenue North Stillwater, Minnesota 55082 Stillwater, Minnesota 55082 Councilman John Groth Al Cote, Chief of Police City of Oak Park Heights City of Oak Park Heights 6340 Peacan Avenue North 6307 Panama Avenue North Stillwater, ' Minnesota 55082 Stillwater, Minnesota 55082 Mr . Kenneth Heuer, Clerk 6141 Panama Avenue North Oak Park Heights Stillwater, Minnesota 55082 Re: William D. Westphal, et al, vs . Village of Oak Park Heights, et al. Gentlemen: Our office nas received notice that the referenced case has now been rescheduled for trial for Friday, January 24, 1975 at 10:00 a.m. in the new Washington County Court Houses Please plan to be present at that time and place since we have agreed with the plaintiff' s attorney that it will be unnecessary for him to reserve the subpoenas which were served upon you last fall. This of course means that you will also have to bring with you all of the items which were requested in those original subpoenas. If you have any questions regarding this matter, please feel free to call any time. Very truly yours, X11 Paul A. Wolff Paw:Cg • • r ilir- LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS 8e WOLFF ; 126 SOUTH SECOND STREET STILLWATER. MINNESOTA 55062 499.2878 LYLE J. ECKBERG Or COUNSEL' JAMES F. LAMMERS WINSTON E. SANDEEN ROBERT G. BRIGGS December 2, 1974 PAUL A. WOLFF Mr. Ken Heuer, Clerk City of Oak Park Heights 6141 Panama Avenue North Oak Park Heights Stillwater, Minnesota 55082 Re: Oak Park Heights -ad- Westphal, et al Dear Ken: Enclosed for your information please find copies of the following: Defendant's Interrogatories to Plaintiff, William D. Westphal; -- �.e0.7 ,. `4 414.›- /4/. ..�2 w0..e._-:�1il -- ,-rtk, Answers to Interrogatories of William D. Westphal; and Answers to Interrogatories of Bernice Jean Ann Westphal. Yours very truly, Pau A. Wolff PAW:kf Enc. 3 01010. i. 4 .. ,' ..)TAT3 OF MINNESOTA IN DISTRICT COURT , . -,.., COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT , 4;4 . 4 William D. Westphal, Bernice Jean , 43, Ann Westphal, Howard Johnson, Audrey Johnson, and Anna U . Of JoabsOn, ' 1 P Plaintiffs, • vs . DEFENDANT'S INTERROGATORLES , 4 • TO PLAINTIFF, WILLIAM D. Vi"21age of Oak Park Heights, Al WESTPHAL. ... cute, Raymond Johnson, John Groth, Court File No. 41349 Frank Sommerfeldt, Kenneth Heuer, awl Stillwater Auto Salvage Co . , ,..., . 4... \ oT Defendants . , .4,4t.t1 T3:. WILLIAM D. WESTPHAL , ONE OF THE PLAINTIFFS ABOVE- NAMED, AND TO COLLINS AND BUCKLEY, HIS ATTORNEYS. - , YOU WILL PLEASE TAKE NOTICE that the undersigned as attorneys for the defendants, Village of Oak Park Heights, Al t4 Cote, Raymond Johnson, John Groth, Frank Sommerfeldt, and t k 4 Kenneth Heuer herein demand answers to 'the following ihterroga- tories, under oat , and within the time Prescribed by:tht. , Minnesota Rules of Civil Procedure governing procedure in the 1 )istrict Court You are further informed that these interroga- 4,AA,..... tories are continuing so that should you, between the you answer these interrogatories and the date of trial discover otner or further information with whiObto44swer fAid ,; interrogatories, you are to furnish said answers prOSetlY, , , 4..4,7,1 1. State your full name, your present living addresS.,,, your age and your employment, and yourempinylneu :H41'',,,,;.: ,,, „ in May, 1973 . ,, 2 Set forth with particularity the descriptior4 of each and every motor vehicle owned Joy you in May and June of 1973, and with regard to each such -,A, veAicle set forth the following informatZon: , , . (a) The location of eacn such vehicle between May 14 and, November 23, 1973 . • ft'N i rt Or , as to each su& vehicin, saic'., vchicle;',v,101' ' 44/4 VtLA. a R� for any reason, state what work or repairs ;> : i would have been necessary to make such t. vehicle operable and the last. date on ,whtoh ' t such vehicle was operable . ' (c) whether as to each such vehicle, that vehicle. ,';.; was licensed for the year 1973, if not the: ; latest year for which such vehicle was; licensed„,, ,,,,,, (d) Which of said vehicles occupied any of your land in the Village of Oak Park Heights, or `' '.'* land upon which you reside within saicut, ', ry between May 14, 1973 and November 23, 3.573, 3 . Set forth with particularity, stating date, time ,. and ,laceand all conversations heed between i P any you and Al Cote between May 14, 1973 and November � � 23, 1373, which in any way relate to the maintenance by you of inoperable or unlicensed motor vehicles on 4 your land during that period of time, setting forth what was said by you, and what was said by Al Cote .. ,. 4 . If you are aware of, or caused to be prepared, an , . inventory of personalproperty from the motor vehicles taken from your land by the Village of s Oak Park Heights in/or about June, - 1973, set forth ,4i. the following : (a) The date such inventory was made . 1 (b) 13y whom such inventory was made. (c) In whose possession said inventory is at the- � Y.i) present time. (d) Attach to the answers to these interrogatories. ,' a copy of said inventory as to each such motor a vehic:i.e taken from your land in/or about Jun*,r l' 1973 . .^}: ECKBERG, LAMMERS, BRIGGS 'is WOLFF t A ; f ' , /f s, i 4}{' t , By / !, x _t 1 ,w ,f I ,oe Paul A Wolff r Attorneys for defendants, Village 3 t•;;' of Oak Park Heights, Al Cote, $ayat; 4,., Johnson, John Groth, Frame-,Solatoerfe),• Kenneth Heuer. ' , :if 126 South Second Street , Stillwater, MN 55082 ,'''" .4. ' 439-2$784N. 1 xf ntss A 4. _2_ t4 STATE JP MINNHSOTA OISTk2ICT COURT COUNTY or WASHINGTON TENTH JUDICIAL DISTRICT William D. Westphal, Bernice Jean Ann Westphal, Howard Johnson, Audrey Johnson and Anna U. Johnson, ANSWERS TO INTERROGATORIES Plaintiffs, Court File No. 43149 vs. Village of Oak Par Heights, Al Cote, Raymond Johnson, John wroth, Frank Sornmerfeldt, Kenneth Heuer, and Stillwater Auto Salvage Co. , Defendants. Bernice Jean Ann Westphal', one of plaintiffs above named, herewith submits her answers to Interrogatories of the defendant Oak Park Heights and its official: 1. Bernice Jean Ann Westphal; 14018 64th Street North, Stillwater, Minnesota 550821 age 41, housewife and mother throughout. I. 1969 Chevrolet Truck, operable, licensed for 1973; 1966 Chevrolet Automobile, operable, licensed for 1973; 1950 Chevrolet Half Ton Pickup Truck, operable, licensed for 1973; 1930 Model A Ford, inoperable because of dead battery; contained pioneer licensed plate and was moved July 15, 1973 approximately; i956 Chevrolet, operably, licensed for 1971 and removed by the village of Oak Park Heights in June 1973. 3. On or about June 16, 1973, Al Cote talked to me ens: my husband at the St. Croix Mall. He said to Bill and me 1 that the village officials were after him to do something about the cars in the village. Hill said he couldn't do anything for two weeks. Al Cote said to cover the 1956 Chevrolet with a tarpaulin and it will be okay. He said if you need any help, give me a .;all and I will come down to help you cover it up. On June Al Cote came to my door. I told him Bill was not home. He read me part of an ordinance and told me he was going to take the 1956 Chevrolet. I told him we that we had covered the car as he told us to do. He said I should not have told you to cover it up. I had no authority to say that. Then he said' this is a new ordinance that replaced the old one and I didn't . rM H . , S'1'11T1'z OF MZNNi.SO'lA DYSTAICT COURT COUNTY OF WA&UUA+ON TENTH JUDICIAL DISTRICT William D. Westphal, Bernice Jean Ann Westphal, Howard Johnson, .. Audrey Johnson, and Anna U. ANSi�18R8 TO YNTk�iAOGA'I'UKIBS Johnson, Plaintiffs, Court File No. 43149 vs. Village of Oak Park Heights, Al Cote, Raymond Johnson, John Grath, Frank Soamnerfeldt, Kenneth Heuer, and Stillwater Auto Salvage Co. , Defendants. William D. Westphal, one of plaintiffs above named, herewith submits his answers to Interrogatories of the defendants Oak Park Heights and its official: 1. William U. Westphal; 15018 64th Street, Stillwater, minneaota; age 39; employed at Anderson Corporation at Sayport, Minnesota. 2. 1969 Chevrolet Truck, operable, licensed Lot 19731 1966 Chevrolet Automobile, operable, licensed for 19731 1950 Chevrolet Half Ton Pickup Truck, operable, licensed for 1973/ 1930 Model A Ford, inoperable because of dead battery/ contained pioneer licensed plate and was mov'eA July 15, 1973 approximately: 1956 Chevrolet, operable, licensed for 1971 and removed by the Village of Oak Park Heights in June 1973. 3. on or about June 16, 1973, Al Cote talked to my wife and I at the St. Croix Mall. He said that the village officials were after hiss to do something about the cars in the village. He instructed us to cover up the 1956 Chevrolet with a tarpaulin and that it would be alright. se said if we needed any help, he would come down and help us oovex it up. After returning home about one week later and finding out from my wife what had happened while I was Away on a trip, I went to E Al Cote's house and asked what was the meaning of casing aver i to my house and taking my car when I wasn't home, especially , ` after telling Ne to cover it with a tarpaulin and that it would be alright. He then said he didn't have the right to say that and ho said that I am going to have your old Ford and your 1950 Chevrolet Pickup also. 4. (a) About March 30, 1973. (b) By myself. (c) My attorney. (d) Attached. A ! . ) 1AM D. WESTPHAL Subecri >od and sworn to before me tnis_.°)(( day of •3 .#*A 1974. g AAA A 4,0 A,t;OA AO\WiokAAAAAAAAAAAAAAA .,„ MARY PAM ANDERSON t - NOTARY PUBLIC•miNNESDIA 4 NT My Commission Expires May?, 19R1 iTiVmortftivvvvvt,vvvvVvVrtortrynryvVONX STATE J? MINNHSOTA UISTRICT COURT COUNTY or WASHINGTON TENTH JUDICIAL DISTRICT William D. Westphal, Bernice Jean Ann Westphal, Howard Johnson, Audrey Johnson and Anna U. Johnson, ANSWERS TO INTERROGATORIES Plaintiffs, Cou*.t File No. 43149 vs. Village of Oak Par Heights, Al Cote, Raymond Johnson, John troth, Frank Sommerfeldt, Kenneth Heuer, and Stillwater Auto Salvage Co. , Defendants. Bernice Jean Ann Westphal', one of plaintiffs above named, herewith submits her answers to Interrogatories of the defendant Oak Park Heights and its officials 1. Bernice Jean Ann Westphal; 14018 64th Street North, Stillwater, Minnesota 55082; age 41; housewife and mother throughout. 2. 1969 Chevrolet Truck, operable, licensed for 1973; 1966 Chevrolet Automobile, operable, licensed for 1973; 1950 Chevrolet Half Ton Pickup Truck, operable, licensed for 1973; 1930 Model A Ford, inoperable because of dead battery; contained pioneer licensed plate and was moved July 15, 1973 approximately; 1.956 Chevrolet, operable, licensed for 1971 and removed by the Village of Oak Park Heights in June 1973. 3. On or about June 16, 1973, Al Cote talked to me ani.*, ray husband at they St. Croix Mall. He said to Bill and me that the village officials were after him to do something about the cars in the village. Bill said he couldn't do anything for two weeks. Al Cote said to cover the 1956 Chevrolet with a • tarpaulin and it will be okay. He said if you need any help, give me a call and I will come down to help you cover it up. On June :,!3, Al Cote came to my door. I told him Bill was not home. Be read ecce part of an ordinance and told me he was going to take the 1956 Chevrolet. I told him we that we had covered the car as he told us to do. He said I should not have told you to cover it up. I had no authority to say that. Then he said' this is a new ordinance that replaced the old one and I didn't . _ { know about it. I said Bill will not be home for a few days and I cannot do anything about the car. I told him I thought he was wrong to tell us to cover the car and ono week later tell me he was going to take the 1956 Chevrolet after we had done as he told us to do. He walked away saying, "I will be back after lunch to hook on. " About 1:00 on June 23, 1973, the Stillwater Auto Salvage Co. and Al Cote came right in to our , yard and :uncovered the 1956 Chevrolet. They told my children to ask me for the keys. I replied that Mr. Westphal had the keys with him. They then proceeded to remove the 1956 Chevrolet from my property. 4. An inventory was made en or about Harch 30, 1973, by my husband. It is presently in the possession of my attorney, William E. Haugh, Jr. and I understand the ropy has been attached to the answers to my husband's interrogatories. BERNICE JEAN ASH WESTPHAL Subscribed and sworn to before me 'thist2TilAay oft ..)1j)-0_, .. 1974 t,,., !d'14k^,/,,AAM44X,0,;44 .1 .AA' A«.,'*( MA: Y PAM AN: Li,.SO I PUBLIC r.'k,aS0i,i • ?' •t RAMSEY COUNTY o- �y r.90K4cwr.tryirke ho,2,Ail, • *' c4, :.n'sriiVirVON2VVVV^mVVVVwvay.. y, • • • 41 • INVENTORY OF PERSONAL PROPERTY William D. Westphal Prepared March 30 , 1973 1. Hydraulic Jack 2. Four dozen Newhouse No. 14 double long spring beaver traps. 3. A 22 caliber/410 gauge over and under single shot firearm. 4. Small mountain tent. LAW OFFICES OF jj ECKBERG, LAMMERS AND BRIGGS t� STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG Jy t �y JAMES F. LAMMERS uly ll, 197 439-2878 ROBERT G. BRIGGS PAUL A. WOLFF 2 C644 ear ri i 7/73 rn,,w '2/7 9 cPlo©; .5/7 LiMr. 7 a 41i /s- 11i� Law B. 551%5-3"r. 5�5 Attorney Collins and Buckley W-1387 First National Bank Bldg. St. Paul, Mei 55101 Re; William D. Westphal 15018 North 64th Street Oak Park Heights, Minnesota Dear Mr. Haugh, This is to acknowledge receipt of your letter of July 10, 1973, regarding the impounding of a 1956 Chevrolet belonging to Mr. William D. Westphal. Without attempting to determine whether or not Mr. Westphal has complied with the provisions of Minnesota Statutes 1168.012, Subd. 7, z will concede it is obvious there are certain motor vehicles that pure exempt from license fees in the State of Minnesota. That Statute, however, does not speak at all to where such unlicensed vehicles maybe stored or used except that they may not be operated on a public highway. Minnesota Statutes Chapter 1688, Abandoned Motor Vehicles, defines an abandoned motor vehicle and provides for impoundingthe same without prior notice to its canner. Alm Mr. Westphal'a 1956 Chevrolet may not constitute an abandoned motor vehicle under the Statutory definition, Section 1681.12 specifically provides that municipalities including the Village of Oak Park Heights, may adopt ordinances and regulate and control the matter subject to that Chapter, so long as such ordinances are not lees stringent than the provisions of Chapter 168a \I( Mr William B. Haugh* Jr. Page 2 Jolly 11, 1973 Oak Amit Height*hta Ord e Mo. 62 adopted pur- suant to this authority include* within its definition of tank cars in Section 2, any motor vehicle whiSh is properly licensed for operation within the State of Minnesota, Section 6 of Ordinance Mo. 62 provides that it is unlawful to allow any eked vehicle to rennin on anr Private property unless within an enclosed building for any period longer than72 bis. This is the violation for which gc. WeetPha1 i a 1956 The violet wen *Pounded* end Ordinance MO. 62, like Minnesota Statutes Chapter 16811* does not require prior notice of intent to inPownd vehicle. Mr. westphal was advised as required by Oak Park "eights Ordinance NO. 62, Ski 9, that hits vehicle bad boom impounded*ded, s etre it ix presently toasted, and that it will be held for 30 days after receipt of the notes, before it is disposed of. The vehicle is still being held at Stillwater Auto Salvage, Highway 212, Stillwater Minnesota, and will be released to Mr. Westphal up00 pay- seat cf the towing and storage fees with the further endue standing that it not be returned to Mr. WastPhalas premises unless it is ProPerly licensed or stored within an enclosed garage or building. Yours very truly, -d2Ati Paul A. Wulff Paw/Le cc: . William D. Westphal iUag* *1 Oak ick Heights Mr. Al Cote, Chief of Police e r- • 4N<Q STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY TENTH JUDICIAL DISTRICT William D. Westphal, and Bernice Jean Ann Westphal, Howard C. Johnson and Audrey Johnson, and Anna U. Johnson, SUMMONS Plaintiffs, vs. Village of Oak Park Heights, Al • Cote, Raymond Johnson, John Groth, Frank Sommerfeldt, Kenneth Heuer, and Stillwater Auto Salvage Co. , Defendants. THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon plaintiffs' attorney an Answer to the Complaint which is herewith served upon you, within twenty (20) days after service of this Summons upon you, exclusive of the day of service; and if you fail to do so, judgment by default will be taken against you for the relief demanded in said Complaint. COLLINS & BUCKLEY By /3/ William E. Haugh, Jr. William E. Haugh, Jr. Attorneys for Plaintiffs W-1387 First National Bank Bldg. St. Paul, Minnesota 55101 227-0611 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT William D. Westphal . Ind Bernice Jean Ann Westphal, Howard C. Johnson and Audrey Johnson, and Anna U. Johnson, COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF Plaintiffs, AND DAMAGES vs. Village of Oak Park Heights, Al Cote, Raymond Johnson, John Groth, Frank Sommerfeldt, Kenneth Heuer, and Stillwater Auto Salvage Co. , Defendants. Plaintiffs for their claim against the defendants, state and allege: I. That at all times herein material the Village of Oak Park Heights was and is a municipal corporation, organized and existing under the laws of the State of Minnesota and located in the County of Washington, State of Minnesota, and defendant Al Cote was the Chief of Police .in said Village; defendant Raymond Johnson was the Mayor of said Village, and defendant John Groth and defendant Frank Sommerfeldt were councilmen in said Village: defendant Kenneth Heuer was Clerk of defendant Village; and Stillwater Auto Salvage Co. was and is engaged, inter alia, in the towing and storage of motor vehicles. II. That at all times herein material, defendant Oak Park Heights had in effect its Ordinance No. 62 purporting, among other things, to regulate and limit parking and storage of motor vehicles and other personal property within defendant Village; plaintiff William D, Weatphal was the owner of a 1955 Chevrolet four door automobile, a 1950 Chevrolet pick up truck and a 1930 Model A four door Town Sedan bearing pioneer license plates; plaintiff Howard Johnson was the owner of a 1964 Ford Galaxie automobile, a 1962 Ford Galaxie automobile, a 1959 Ford Galaxie automobile, and a 1954 Ford Station Wagon automobile; and plaintiffsAudrey Johnson and Anna U. Johnson were the owners of a 1962 Ford Galaxie automobile. That said automobiles were, within the meaning of Minnesota Statutes Chapter 168B, other than abandoned automobiles, and were located on the respective private property of plaintiffs herein. III. That at all times herein material, plaintiffs William D. Westphal and Bernice Jean Ann. Westphal were owners of private premises in defendant Oak Park Heights, located at 15018 North 64th Street therein; plaintiffs Howard Johnson and Audrey Johnson were the owners of private premises in defendant Oak Park Heights located at 5872 Penrose Avenue North therein; and plaintiff Anna U. Johnson was the owner of private premises in defendant Oak Park Heights located at 5890 Beach Road therein. IV, That on or about June 23 , 1973, defendant Oak Park Heights, acting by and through, or under the direction of, its officials, including, without limitation, defendants Al Cote, Raymond Johnson, John Grath, Frank Sommerfeldt and Kenneth Heuer, and in conjunction with defendant Stillwater Auto Salvage Co. , and, as plaintiffs are informed and believe, acting through other officials of defendant Oak Park Heights Police Department and Village Council, and acting purportedly under authority of said Village Ordinance No. 62 above mentioned, trespassed onto these plaintiffs' property aforementioned in defendant Village and there and then impounded the 1956 Chevrolet automobile of plaintiff William D. Westphal, the 1964 Ford Galaxie automobile,. the 1962 Ford Galaxie automobile, the 1959 Ford Galaxie automobile: and 1954 Ford Station Wagon automobile of plaintiff -2- T. Howard Johnson, and the 1962 Ford Galaxie automobile of plaintiffs Audrey Johnson and Anna U. Johnson, removing the same as plaintiffs are informed, to Stillwater Auto Salvage Co. on Highway 212 at Stillwater, Minnesota, and, in addition, said defendants required plaintiff Bernice Jean Ann Westphal, who was the only one of said plaintiffs home at that time, to remove certain firewood from the lot owned by plaintiffs William D. Westphal and Bernice Jean Ann. Weatphal, all purportedly under the said authority of Village Ordinance No. 62 of Oak Park Heights. V. That thereafter, by notice dated June 26, 1973, copies of which are hereto attached as Exhibits A, B & C, plaintiffs William D. Westphal, Howard Johnson, Audrey Johnson and Miss Ann E. Johnson (sic) were notified by counsel for defendant Oak Park Heights of the impounding and seizure of said automobiles, with the exception of the 1934 Ford Station Wagon automobile of plaintiff Howard Johnson; as to said vehicle, no notice was ever given of impoundment and seizure. That said notices as attached hereto as Exhibits A, B C, indicate that said vehicles will be disposed of 30 days after receipt of said notice by the plaintiffs but said notices in no way inform plaintiffs of their right to recover said automobiles or of the charges for recovery therefor. VI. That on or about July 6, 1973, plaintiffs William D. Westphal and Bernice Jean Ann Westphal were informed by counsel for defendant Village of a requirement to remove the 1930 Ford Model A automobile with pioneer plates and the 1950 Chevrolet pick up truck from their premises aforementioned on or before Monday. July 16, 1973 with the threat that if not so removed by -3- that time, said vehicles would be impounded under Ordinance No. 62, aforesaid, and additionally, said plaintiffs were, by said notice, which is attached hereto and made a part hereof as Exhibit D, required to remove certain other articles of personal property as more fully set forth in said notice. Further, plaintiffs Howard and Audrey Johnson were required by a notice dated July 6, 1973, a copy of which is attached hereto as Exhibit E and made a part hereof, to remove certain personal property from their premises within said Village. That inasmuch as none of said plaintiffs have any of said described articles on their private premises in defendant Village, said notices can, and do constitute nothing but harassment of said plaintiffs at the direction of the officials of defendant Village. VII. That while none of the aforementioned automobiles, other than the 1930 Model A Ford automobile of plaintiff William D. Westphal, have 1973 registration plates thereon, the same do not constitute abandoned automobiles within the meaning of Minnesota Statutes Chapter 16SB, and it was not the intention of plaintiffs herein to abandon the same, junk the same, use the same for repair parts, or to use them in any other manner set forth in Minnesota Statutes Chapter 1683 in defining abandoned automobiles. That in addition, it was the intention of plaintiff William D. Westphal to restore said Model A Ford automobile as an antique. VIII. That on or about June 21, 1973 defendants' Police Department, through its Chief of Police, defendant Cote, indicated tO plaintiffs Westphal that they would have to remove their 1955 Chevrolet automobile from said plaintiffs' premises; that said plaintiffs indicated their inability to do so for approximately two weeks whereupon they were -4- informed by defendant Cote to cover said automobile with a tarpaulin and that that would be sufficient. That nonetheless, and without any warning whatsoever, said vehicle was, thereafter, at a time when plaintiff William D. Westphal was not at home, impounded from said plaintiff's private premises by or at the direction of defendants herein. IX. That on or about the 20th day of June, 1973, defendants' Police Department, through its Chief of Police, requested of plaintiffs Johnson as to what they intended to do with certain motor vehicles on their premises at 5372 Penrose Avenue and 5890 Beach Road in defendant Village and were informed by plaintiff Howard Johnson that he would be removing said vehicles and taking care of them the next week; that defendant Cote left without indicating that this arrangement was other than satisfactory. That plaintiffs Howard Johnson, Audrey Johnson, and Anna U. Johnson then left town for the weekend of June 22 and 23, 1973, so that at the time the defendants herein removed the aforementioned motor vehicles from the private property of said plaintiffs, defendants already knew of the intention of said plaintiffs to remove said vehicles within a reasonable period of time but nonetheless took the action indicated without notice of any kind to said plaintiffs and without good reason therefor. X. That when plaintiff William D. Westphal, after June 23, 1973, requested of defendant Cote his reason for removing the 1956 Chevrolet automobile even though the same had been covered with a tarpaulin at said defendant' s suggestion, said defendant merely indicated that he had had no authority to so suggest. -5- XI. That contained in the vehicles owned by plaintiffs Johnson, at the time the same were seized from their private premises in defendant Village, were numerous articles of personal property, none of which have been returned to the plaintiffs herein. XII. , That on or about June 28, 1973, plaintiffs Johnson approached defendant Cote in an attempt to secure a release of their vehicles and were informed by him that he had no authority to release said vehicles. They were directed by defendant Cote to contact counsel for defendant Village the following week, in spite of the express provisions of Ordinance No. 62 to the contrary. XIII. That defendant Village of Oak Park Heights, in its action in impounding plaintiffs' motor vehicles as aforesaid herein, in its action in threatening to impound further automobiles of plaintiffs William D. Westphal and Bernice Jean Ann Westphal, in its action in threatening to dispose of said automobiles, and in its threatened action concerning alleged refuse on these plaintiffs' private premises, asserts that the authority for all of said actions and threatened actions is Ordinance No. 62 of defendant Oak Park Heights. That said Ordinance, insofar as it deals with alleged junk or abandoned motor vehicles, is an attempt by defendant Oak Park Heights to legislate on a subject upon which the State of Minnesota has legislated specifically through Chapter 1683 of Minnesota Statutes, 1971; that said Ordinance No. 62 in several particulars, including definitions, is substantially at variance with the provisions of Chapter 168B, Minnesota Statutes, and therefore is inconsistent therewith and accordingly, under Section 1683. 13, Minnesota Statutes, said Ordinance is invalid. -6- XIV. That inasmuch as defendant Village of Oak Park Heights ' Ordinance No. 62 is invalid, any action of said defendant, by and through the named defendante herein, or any of its agents, servants, counsel, police department, or others, is likewise invalid and cannot stand. That inasmuch as these plaintiffs have, on their private premises in the Village of Oak Park Heights, none of the refuse required by the notices sent to them on July 5, 1973 to be removed, said notices constitute harassment by defendant Oak Park Heights. XV/. That the impounding and eeizure of the. motor vehicles herein described by the defendants, and each of them, constitutes a taking of property from these plaintiffs for which compensation should be made and for which damages should be awarded. WHEREFORE, these plaintiffs pray for the declaratory judgment of this Court as follows: 1. That the actions of these defendants in seizing and inipounding from plaintiffe° private property the aforementioned automobiles was arbitrary, capricious, unreasonable, unauthorized, and unlawful in that said seizure and impoundment was not authorized by any valid statute or ordinance. 2. That insofar as Ordinance No, 62 of defendant is at variance with Minnesota Statutes. Chapter 133, and thus inconsistent therewith, that said Ordinance is invalid, cannot stand, and can neither be invoked nor applied against these plaintiffs, or any of them. 3. That the seizure of plaintiffsautomobiles as herein- above described, by the defendants, and each of them, being ander An invalid ordinance, and thus not authorized by Law, was likewise invalid and that said plaintiffs are entitled to the immediate -7- return of said automobiles without any costs or charges of any nature whatsoever to these plaintiffs. 4. That inasmuch as said Ordinance of defendant Oak Park Heights is invalid with regard to plaintiffs' motor vehicles, that the action threatened by defendant Oak Park Heights concerning plaintiff William D. Westphal' s 1)50 Chevrolet pick up truck and 1930 Modal A Ford Sedan be permanently enjoined and restrained. 5. That defendant Oak Park Heights be permanently enjoined and restrained from hereafter harassing plaintiffs, and any of them, and be enjoined and restrained from any threatened actions under the purported authority of Ordinance No. 62. 6. That defendant Oak Park Heights be hereafter permanently enjoined and restrained from interfering with plaintiffs' right to lawfully use and enjoy their property hereinabove described. 7. That in the event these defendants, or any of them, proceed with any disposition of any of the property of any of these plaintiffs now in the hands of these defendants, or any of them, or for any other reason, are unable to return any of said property to these plaintiffs entitled to said prat:party, then and in that event, 'these plaintiffs pray for the judgment of this Court awarding the reasonable value of said item or items of property to such of said plaintiffs as are derived thereof by the actions of these defendants, or any of them. 3. Awarding to these plaintiffs such &,msges occasioned by the actions of these defendants, and each of them, in impounding property of these plaintiffs aforesaid, as are proved at 'the trial hereof. 9. That this action be advanced for trial as required by the statute in such case made and provided. -8- 10. Por such further and other relief as to the Court is just and cauitable in the premises. COLLINS & BUCKLEY By 11arn E. Haugh, Jr. ----William E. Haugh, Jr. Attorneys for Plaintiffs W-21387 First National Bank Bldg. St. Paul, Minnesota 55101 227-0611 -9- _ _ 4 CERTIFIED LAW OFFICES OF ECKBERG, LAMMERS AND E3RIGGS STILLWATER, MINNESOTA 55032 LYLE J.,ECKSERG June 26, 1973 439-2373 JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF Mr. William D. Westphal 15018 North 64th Street Oak Park Heights Stillwater, MN 55082 Dear Mr. Westphal: In accordance with Ordinance No. 62 of the Village of Oak Park Heights, notice is hereby given that the police department has impounded that certain vehicle owned by you as follows : 1956 Chevrolet, Four Door, 1971 - Registration Said vehicle has been taken into the posses- sion of the police department and that said vehicle is impounded at Stillwater Auto Salvage, Highway 212, Stillwater, Minnesota. That said vehicle will be dis- posed of 30 days after receipt of this letter by you. Yours very uly, L e J. Eckberg _- LJE/Is EXHIBIT A C CEle_i I IT'D LAi'/ OFFICES OF -.CKBERG, LAMMERS AND BRIGGS STILL WATER. MINNESOTA 55032 LYLE J. ECkBERG JAMES F. LAMMERS June 26, .1973 ROSERT G. BRIGGS ' 430-2373 PAUL A. WOLFF Mr. Howard C. Johnson • Route 1 Oak Park Heights Stillwater, MN 55082 Dear Mr. Johnson: In accordance with Ordinance No. 62 of the Village of Oak Park Heights, notice is hereby t department has impounded certain given �r_a� the police vehicles that were owned by You- They are as follows : 9.64 Ford, Four Door, Green, 1972 Sticker ,;0144024 1959 Ford, Four Door, 1972 Sticker _0144025 1962 Ford, Four Door, White, 1972 Sticker I-014'4.026 • Said • vehicles , o the police have been taken into the possession p ce department and 11 Nat....Y' that said vehicles are impounded at Stillwater o Auto That Salvage,avage, Highway 212, Stillwater, Minnesota. I at said vehicles will �, be disposed of 30 days after receipt of this letter by Lyle J. �Eckberg :LJE/Is EXHIBIT B r - l • • CERTIFIED I' .�.-.CK3 RG, L AivlmP.s AND BRIGGS ST ILLWATER, MINNYSOTA 55032 LYL J. ECK-BERG June 26, • 9973 ��3.2a7a ROBERT' G. BRIGGS PAUL. A. WOLFF • Mrs . Audrey Johnson Miss Ann E. Johnson Route 1 Oak Park Heights Stillwater, MN 55082 Dear Mrs Jo. rso„ & Miss Johnson: In accordance with Ordinance No. 62 of the Village of Oak Park Heights, notice is hereby given that the police department has impounded that certain vehicle owned by you as follows : 1962 Ford, Pour Door, Blue, 1972 Sticker ;0144022 Said vehicle has been taken into the posses- sion of the police department and that said vehicle is • impounded at Stillwater Auto Salvage, Highway 212, Stillwater, Minnesota. That said vehicle will be dis- posed of 30 days after receipt of._th-is letter by you. / /v_'aurs f very f ly— r t� Lyle J. Eckberg LJE/ls EXHIBIT C • • ' li LAW OFF ICES OF EGkE3 .RG, LAMMERS AND BRIGGS li STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG July 6, 19 7 j 439-2878 JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF Mr. William D. Westphal 15018 North 64th Street Oak Park. Heights Stillwater, MN 55082 Re: 15018 North 64th Street, Village of Oak Park Heights Dear Mx. Westphal : You are hereby notified and required to remove all used furniture,- appliances, empty cans, bottles, news- papers, magazines, garbage, building material, and all other i refuse of any description from the above described premises at your own expense on or before Monday, July 16, 1973. If this refuse is not removed on or before that date, the Oak Park Heights Village Police Department will cause the same to be removed at your expense pursuant to Section 15 of . Ordinance No. 62 of the Village of Oak Park Heights... You are also notified and required to remove the old Ford automobile and old truck presently stored upon these premises on or before Monday, July 16, 1973 . if these vehicles are not removed prior to that date, the Oak Park Heights Village Police _Department will impound the same and dispose of them pursuant to •Oak Park Heights Village Ordinance No. 62 . Any questions regarding compliance with this order should be directed to the Oak Park Heights Village Police Department. _ Yours very truly, ECKBERG, LAMMERS & BRIGGS ( i Attorneys for Village of Oak Park Heights is EXHIBIT l --"misOMMOMINI pPP117 LAW OFFICES OF EC.K.BERG, 1 ANliW:RS AND BRIGGS STILLWATER, MINNESOTA 55032. LYLE .1. E.-CKBERG JAS F. July 6, 19'73 439-2379 LAMM!.'",RS Ftb.D7f2T G. orttoG3 PAUL A. WOLFF Mr. and Mrs . Howard C. Johnson Route 1 Oak Park Heights Stillwater, MN 55082 Re: Property located at 5872 Penrose Avenue North and neighboring vacant house Dear Mr. and Mrs . Johnson: You are hereby notified and required to remove all brush piles, weeds, barrel of garbage and refuse, together with all empty cans, bottles, newspapers and refuse of any description from the above described premises at your own expense on or before Monday, July 16, 1973- If the above described refuse is not removed on or before July 16, 1973 as ordered, the Village Police Department of the Village of Oak Park Heights shall cause such refuse to be removed at your expense pursuant to Section 15 of Ordi- nance No. 62 of the Village of Oak Park Heights , Minnesota. Any questions regarding compliance with this order should be directed to the Oak Park Heights Village Police Department . Yours very truly, ECKBERG, 1,2204M_ERS & BRIGGS 1.' L. LJ Attorneys for the Village of Oak Park Heights s EXHIBIT E • V • i ! w LA''/ OFFICES OF' LAMMERS AND BRIGGS STILL WATER, MINNESOTA 55033 LYL3'.J. ECX3_RG J.'��.i S,'r. LAMMERS July 6, ' 973 439.227a POBSRT G. EORSGGS PAUL A. WOLFF Mrs . Anna U. Johnson 5890 North Beach Road Oak Park Heights • Stillwater, NI 55082 Re: 5890 North Beach Road Dear Mrs . Johnson: You are hereby notified and required to remove all empty cans, bottles, newspapers, magazines, garbage, brush piles and all other refuse of any description from. the above described premises at your own expense on or before. Monday, July 16, 1973 . If the above described refuse is not removed on or before July 16, 1973, the Oak Park Heights Village Police Department will cause such refuse to be removed at your expense pursuant to Section 15 of Ordinance No. 62 of the Village of Oak Park Heights . Any questions regarding compliance with this order should be directed to the Oak Park Heights Village Police Department. Yours very truly, • C?'BERG J_ L_' idIMERS & BRIGGS • r r• At torneys for the Village of Oak Park Heights is • EXHIBIT E FPS_ — ! t— t r — I _i j —1 — — { I .1 - 1 _- ;t 1 . , I f a I t i 1 lIl- - -- + - 1 i —� —+ � W4sl I/ t ' ,C - + } I t 0.c . M �� i 7 rt Mil, t - = t I I1 � _4+2:4_44;m4144.4 r 0111 A, J ,Dine-- -' 'c.. _ -�{Al_ 1 _ ba. 1� -_.—_1 I j i ——� fi— s�' s_, � — — `'" ?1.- f - 1 , : ...- ---1.---4".............. ..rdif(0.0- I i • ..p.,,,,H i ;> __4) i ; 1 i A., i.. 1 1 11111 e _ _ 1 f I + i t ( t + I i s 4._ -- tT1TtLiTTT1iJ I ! 1 1 I • L } • t- r I � ' 1 j — — - —t 1, 4 - 4— --f -;--f— I 1 i 1 1 — i ,— , �� l 1 t 1 I ; , ` r 1 ! ' ; t fi r + * ! /7:5-i O1AK PARK HEIGHTS zt/.3 ? 7 3 MtNNEscrrA I/? !7 iv; 1Z , 1973 ?°-4 > icy V/6 /73 • SPECIAL A NOUNCE N No CuUPU as NO STAMPS NO LUCKY NUMBERS NO HIDDEN COST JUST AN OLD rASdIUN "BARGAIN" In an effort to improve our community and establish the sense of "PRIDE" essential to a growing, progressive village, it is imperative that we project a good impression, for our neighbors, ourselves and outsiders. This is impossible if we do not practice good housekeeping around our homes and buildings. The Council realizes that without a "Dump" and "Dumping Privileges" debris and eye sores do collect. In some cases they are difficult and costly to dispose of. On Saturday, June 16th, 6.00 A.M. , the Village will provide the equipment and labor required to remove all debris including inoperable and/or unlicensed vehicles from your property. Your only cost is cooperation. Like most "Good Deals", it is a limited offer - June 16th only. LET'S GET EVERYTHING! Good housekeeping and pride are contagious. We will help you start an epidemic. Very truly yours, OAK PARK HEIGHTS VILLAGE COUNCIL P.S. (If you need additional incentive - The Police Department was directed to strictly and uniformly enforce Ordinance i/Dd and issue citations starting June 17th. Ordinance //P6 provides authority to control the above items, as well as penalties for violations. ) 11 COLLI NS AND ISITCKLEY ATTORNEYS AT LAW W-1367 FIRST NATIONAL BANK BUILDING AI NT PAUL, MINNESOTA 55101 E JGEFJE _ Er 1:ELE PHONE ,HE^DORE J. L'_IN_: MIC AE_ .. `=GU rJTr Y AREA CODE 612 MORLE" PPE AL EARL P. ' PAY September 26 , 1974 • Lyle J. Eckberg , Esq. 126 South Second Street Stillwater, Minnesota 55082 Re: Westphal v . Oak Park Heights , et al Our Files 6135 and 6137 Dear Lyle: This will serve to confirm our scheduling of deposition of Kenneth Heuer in your office on October 1, 1974 at 3 : 00 p.m. and our understanding that formal notice, etc. , need not be served. Additionally I understand you will provide a court reporter that day although my clients will take care of payment of the same. Further, Mr. Heuer will, without necessity of a subpoena, bring with him to the deposition all records of Oak Park tlli -IIIt IIIId1 1 iii `: I'(1111 rI (a I .;I ting : 1111 {x1111 I ') /2 , x/{11.11 1)11Ii 11.III':,- elioefed , i !II IIIll1)1 I) f. not_ t1III1 tf1.I t Ali minutes of all proceedings of the council since that date, any ordinance books , any account books containing money transactions of the Village, any notices given under Ordinance #62, any reports recei.vorl by him of inspections by any Village official to cr Ordinance 62, and aA.d. all contracts Oak Park Heights had in effect as of June , 1972 or has put into effect since that date relative to automobile storage (such as the contract with Stillwater Auto Salvage Company) , and any and all evidence of liability insurance in force on June 23 , 1973 covering the Village of Oak Park Heights and any of its officials for tort liability including the coverage provided. Thank you for your consideration in arranging this deposition without formal notice. By carbon copy of this letter to A. E. Rer,um T am notifying him of the same. Yours very I.ruly , ViiLLIAM ` N. HAWN , JP . LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55062 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A,WOLFF MARK J.VIERLING VICKI L.GIFFORD December 21 , 1988 GREGORY G.GALLER The Honorable Mayor and City Council City of Oak Park Heights Re : City of Oak Park Heights vs. William D. Westphal Gentlemen and Madam: Enclosed find copies of the Findings of Fact, Conclusions of Law and Order for Judgment and Judgment duly issued by the District Court of Washington C• t, in regard to the above matter . Your - -ry ruly, ff.. /1-rk J. Vierling MJV:ks Encs. c: Frank Sommerfeldt Jack Doerr Barbara O'Neal Richard Seggelke Barry Torgerson La Vonne Wilson • •STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT The City of Oak Park Heights, a FINDINGS OF FACT municipal corporation, CONCLUSIONS OF LAW AND Plaintiff, ORDER FOR JUDGMENT vs. File No. C6-87-4590 FILE NO. .a 4, 4 L ,.: Y O William D. Westphal, an individual, ; FILED to - Defendant. COURT ADMINISTRATOR, Washingion County, ti'•,;nr,,i By The above-entitled matter came on for trial before the under- signed on November 15, 1988 , at the Washington County Courthouse, Stillwater, Minnesota. Mark J. Vierling, Esq. , appeared for and on behalf of Plain- tiff . Thomas H. Shiah, Esq. , appeared for and on behalf of Defen- dant. Based upon all of the files, records, and proceedings herein, the Court makes the following: FINDINGS OF FACT 1 . In October of 1985, Defendant wanted to install a garage at his home located at 5646 Penrose Avenue North, Oak Park Heights, Minnesota. 2. Defendant knew that some type of permit would be required for the garage structure, and therefore, he applied to the City of Oak Park Heights for any necessary permits. 3 . On October 18, 1985, Defendant presented himself' at Oak Park Heights City Hall and told the City Clerk, LaVonne Wilson, that he wanted to move a garage onto his premises, and to install • 410 a concrete slab. Ms. Wilson does not dispute that Mr. Westphal requested a permit to move the garage, but she does not recall discussing a concrete foundation. 4 . Ms . Wilson provided a permit application to Mr. Westphal, who then completed the document and submitted it to the clerk. In addition to the permit application, Defendant paid the required fee to the City of Oak Park Heights in the amount of $55. 60. The application specifically requested a permit to bring in a garage 24 ' by 24' . 5 . Upon receipt of Defendant' s application for a permit and payment of the fee, the City Clerk issued to Defendant hard copy Building Permit No. 2369 on October 18, 1985 . Mr. Westphal was not advised by Ms. Wilson or any other Oak Park Heights offi- cial that any other permit would be required before buying the garage and placing it on his property. 6. Defendant acted in good faith in applying for and receiv- ing the building permit from the City of Oak Park Heights. 7 . After obtaining the permit, Defendant, relying on the permit' s validity, made arrangements for the purchase of an exist- ing garage structure to be brought onto his property. 8 . In addition, Defendant, in his reliance upon the permit, contacted the Bayport Bank to arrange financing in the amount of $4, 000. 00 to enable him to purchase the garage, pay for the cost of moving it onto his property, and the expense of a concrete slab. 9. Defendant, again relying on the permit, executed a promis- sory note payable to the Bayport Bank in the amount of $4 ,000.00 -2- 411 at 16. 5%, which was to be repaid from Defendant' s profit-sharing distribution. The documents were executed on October 30, 1985, at which time Defendant made arrangements for the purchase and transfer of the garage to his property. 10 . Again relying upon the permit, Defendant paid $2,000 . 00 for the cost of the garage and arranged to have it moved at an additional expenses. There were no contingencies; Defendant could not return the garage. 11 . The garage was moved and installed on Defendant' s prop- erty on October 30, 1985. 12. In his good faith reliance on the permit issued by the City of Oak Park Heights, Defendant incurred extensive obliga- tions and expenses. 13. At no time between October 18, 1985 and October 30, 1985 when Defendant moved the garage onto his property was he advised by any agent or official of the City of Oak Park Heights that the garage structure may be in violation of City ordinances . 14 . On October 30, 1985, Howard Pagel, acting building inspector for the City of Oak Park Heights, conducted an inspection of Defendant' s property, including his placement of the garage, and advised Defendant that placement of the structure was in compliance with existing City building and zoning ordinances, but that the pouring of a concrete slab would be required. 15. On October 30, 1985, after Defendant had installed the garage, unknown representatives of the City of Oak Park Heights issued a "Stop Work Notice" which was affixed to Defendant ' s garage. -3- 411 16. Defendant was not present when the "Stop Work Notice" was placed on his garage. 17. That the "Stop Work Notice" normally applies only to structures and building activity that fail to comply with existing building codes, and is normally not used in instances of alleged noncompliance with existing zoning ordinances . 18 . Howard Page, the then acting building inspector, testi- fied that he would not have issued the "Stop Work Notice" because in his opionion, the garage structure was in compliance with all existing ordinances . 19. Subsequent to the issuance of the "Stop Work Notice, " Defendant was notified by officials of the City of Oak Park Heights that his permit had been mistakenly issued, and that the garage structure was in violation of existing zoning ordinances, and advised Defendant to remove the structure. 20. Defendant advised Plaintiff that in -good--faith reliance upon the issuance of the permit, he had incurred considerable expense, and that he could not remove the structure without sus- taining a considerable financial loss . 21. Before Defendant' s permit expired, and to prevent the garage from buckling, Defendant, at an additional expense, in- stalled the concrete slab which was contemplated when he intially applied for his permit and which was required by the acting build- ing inspector. 22. Plaintiff commenced suit against Defendant to remove the garage from Defendant' s property. Based upon the foregoing, the Court makes the following: -4- • • CONCLUSIONS OF LAW 1 . Plaintiff is equitabily estopped from revoking Defendant' s building permit, No. 2369, and Defendant shall not remove the garage from his property. 2 . Plaintiff ' s Complaint should be dismissed and Defendant awarded his costs and disbursements. Based upon the foregoing, the Court makes the following: ORDER FOR JUDGMENT LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: IJ / ` gfe 0.„,„ 0 Esther M. Tomljano ich Judge of District ourt -5- • • STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT The City of Oak Park Heights, a municipal corporation, Plaintiff, vs. JUDGMENT William D. Westphal, C6-87-4590 an individual, Defendant. The above-entitled matter came on for trial before the Honorable Esther M. Tomljanovich, Judge of the above-entitled Court, on November 15, 1988, at the Washington County Govern- ment Center, Stillwater,Minnesota. Mark J. Vierling,Esq. appeared for and on behalf of the Plaintiff . Thomas H. Shiah,Esq. appeared for and on behalf of the Defendant. Based upon all of the files, records, and proceedings herein, the Court made its Findings of Fact, Conclusions of Law and Order For Judgment. Now, Therefore, Pursuant to said Findings of Fact,Con- clusions of Law and Order For Judgment; IT IS HEREBY ADJUDGED, DETERMINED AND DECREED: 1. That the Plaintiff is equitabily estopped from re- voking Defendant' s building permit,No.2369 , and Defendant • FltE NO. ��', --6.�..-_`f� 90 FRED ... 1 ..--.\`1 ' & � j, 411 4 JUDGMENT C6-87-4590 Page 2 shall not remove the garage from his property. 2 . That the Plaintiff' s Complaint is DISMISSED. 3 . That the Defendant is awarded Judgment against the Plaintiff for his costs and disbursements in the amount of $ , to be hereafter taxed and allowed and in- serted in this Judgment, making a total Judgment of $ DATED: December 16 , 1988 BY THE COURT Marie Sunlitis Court Administrator BY ` • �4 , rf!Otty • t , 0 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING VICKI L.GIFFORD December 1, 1988 GREGORY G.GALLER Ms . La Vonne Wilson City Clerk City of Oak Park Heights 14168 - 57th Street North Oak Park Heights , MN 55082 Re : City of Oak Park Heights v. Westphal Dear La Vonne : Enclosed herewith please find a copy of my correspon- dence to Judge Tomljanovich dated December 1, 1988 along with the proposed Findings of Fact , Conclusions of Law and Order for Judgment with regard to the above matter . —_._._ Yours , e "t msr u ,l- Mar J.- - ierling - MJV:bs Enclosures u vii/ �` • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF a VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439.2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAULA.WOLFF MARK J.VIERLING VICKI L. GIFFORD GREGORY G. GALLER December 1, 1988 The Honorable Esther M. Tomljanovich Judge of District Court Washington County Government Center 14900 61st Street North Stillwater , Minnesota 55082 Re : City of Oak Park Heights v . William D. Westphal Case Number : C6-87-004590 Dear Judge Tomljanovich : Pursuant to your directive at the conclusion of trial that was held before you on November 15th , I am enclosing the proposed Findings of Facts , Conclusions of Law and Order for Judgment on behalf of the City of Oak Park Heights. In lieu of formal brief, I am enclosing along with our proposed findings copies of the applicable cases and the argument contained within this letter . As the court is well aware , the action was commenced on two grounds - one was requiring Mr . Westphal to clean up the mess of trash and debris that existed on the property up until a month before trial. The second count was included within the Complaint as it relates to the offending accessory structure that does not conform with the city' s ordinances . As the Court has already ruled that Mr . Westphal , having cleaned up his property, is now in compliance with the Nuisance and Trash , Debris and Junk Car Ordinance , that action was dismissed by the Court on the conclusion of the plaintiff' s case in chief. Consequently, the only issue remaining is as to the offending accessory structure . The City ' s position as to the application of its ordinances is dispositive . That is to say there is little issue but that the accessory structure placed upon the Westphal property does not conform with the provisions of the Oak Park Heights City Zoning Ordinance prohibiting placing of such detached accessory structures in any portion of the yard other • • The Honorable Esther M. Tomljanovich December 1, 1988 Re : City of Oak Park Heights v. Westphal Page 2 than the rear yard . Further , the ordinance prohibits such accessory structures from having a combined limit that would exceed 1, 000 square feet of floor area . Mr . Westphal , already having an existing accessory structure upon the premises at the time the second unit was brought in , clearly is in violation of those provisions . The only issue is whether or not the defendant acquired a vested right to bring in the second accessory structure and complete its erection upon his property claiming an equitable estoppel against the City of Oak Park Heights as a result of the erroneous issuance of a building permit by a part-time building inspector who was substituting for the vacationing full-time building inspector at the time the incident occurred . As the supporting case law provides , "Where a permit has been issued . . .under mistake of fact and contrary to zoning ordinances , it confers no privileges . . . and even though ( the party) may have taken some action . . .with the incurrence of expenses, it may, nonetheless be revoked . " Howard v. Village of Roseville , 244 Minn . 343 , 70 N.W. 2d 404 ( 1955 ) . It is clear that the mere possession of a building permit and the incurring of some expense and the assumption of obligations preliminary to construction such as excavation , create no vested right . Kiges v. City of St . Paul , 240 Minn . 522, 62 N.W. 2d 363 (1953 ) . Neither do expenditures associated with the acquisition of the property, removal of trees , the grating of the land or excavation . Hawkinson v . County of Itasca , 304 Minn . 367, 231 N.W. 2d 279 (1975 ) . Further , as the Supreme Court has noted , it is the duty of the developer to determine for itself the propriety of the proposed construction that he undertakes . The developer , of course , must assume responsibility for his development and be bound by the inquiry that a reasonable inquiry would have made . Jaska v . City of St. Paul , 309 N.W. 2d 40 (1981) . I am enclosing copies of the Jaska v . City of St . Paul , Hawkinson v . County of Itaska cases as I believe they are d sid ositive in this matter and forth the applicable pplicable case law under which the court must make its review. 111 The Honorable Esther M. Tomljanovich December 1 , 1988 v . Westphal Re : City of Oak Park Heights Page 3 former city that Mr .. Westphal is a had in hisy It is noteworthy Heights and his City of Oak Park Heig Code during councilman ofc the of the Oak Park Heights City involved possession a copy Council which , of course , such setback and variance requests involving years of teonrmany the City setbacks and ordinance the routineng residential matters as application to residential properties . to b1�mP the city and R Westphal would seek which Although r ° inspector in total for the error heh the part-time the lgarage upon his property , placement of the himself . resulteduin assume a degree of responsibility must , of course , the issue is at who is engaged in a As noted within the Jaska decision , owner acquire a vested what point doesda property ermit acq 90% right . It under wn erroneous thatsevenldnnghe a ro a decision , ahat ula% completionigt . is noteworthy not etwethfanytvestederight to continue its building property owner with project . In this particulardates as case , the critical and because the defendant the exhibits are suspectthe defendant' snda evidenced by it is certainlyfaith . � el , good claimed equitable estoppel , he proceeded in that has burden of proof to establishissued on ro ect was clearly s The stop order on the project and ryr .. Westphal of the year in qfrom the application 30 receipt of his proceeds of f3his loanthe year in application and on October Ilr .. van were obtained � Westphal question . stio Bank completed at the time question . Even under the best ofrocieC�mces , fifty percent of his project of the buildinghm hadhonlyhissuance learned of the error in �hs inspector . It does not appear that he in in p a fifty thart-time building that permit d the P Hawkinson decisions would be sufficient to evoke percenteat under the Jaska thedproject ul unit regulating governmental completionainst the go an equitable estoppel against the development er because of the closeness of hal the dates and aetually knew �goreov ► Westphal conjunction times affecting the issue as to when �'1r • taken in con? robable that the project was proceeding in error , position as a city councilman and P with his previous codes , it is questionable e of the existing city degree with a whether proceeded to any reasonable whether or not he P ro project in question . sincere error as to the P J Mark J. Vierling MJV:bs cc : Thomas H. E .iah, Esq. STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No . C6-87-004590 Oak Park Heights, a Municipal Corporation , Plaintiff , v s. FINDINGS OF FACT, CONCLUSIONS OF LAW William Westphal , ORDER FOR JUDGMENT an Individual , Defendant . The above-entitled matter came on before the undersigned Judge of District Court at the Washington County Government Center , 14900 61st Street North, Stillwater , Minnesota 508 5 2 Present before the Court was Mark J. Vierling, Esq. , appearing on behalf of the Plaintiff . Also present , with the Defendant appearing personally and through counsel , was Thomas H. Shiah , Esq. sq. Based upon the evidence submitted by the parties , the testimonyof witnesses and upon all the files, records p and proceedings herein , the Court enters the following : FINDINGS OF FACT 1. Plaintiff, City of Oak Park Heights , is a municipal corporation duly organized and existing under the laws of the State of Minnesota , located in the County of Washington. 2. Defendant William D. Westphal at all times material herein has owned the real property located at 5646 Penrose Avenue III S North, Oak. Park Heights , County of Washington , State of Minnesota , legally described as follows : Lots 7, 9 and 11 of Block Five , BEACHES ADDITION to Oak Park Heights. That the Defendant on October 30, 1985 brought onto his real e )perty a second accessory structure and located same upon his r )perty in violation of City Zoning Ordinance affecting accessory .:ructures being Ordinance 401 . 038. 5. ( b) (d) which provides : h . Mo accessory building shall be erected or located within a required yard other than the rear yard . In all residential districts no accessory building or garage shall occupy more than twenty-five percent of a rear yard nor exceed a combined limit of 1 , 000 square feet of floor area. 4 That the Defendant had already located upon his property t' first accessory structure which he had acquired prior to 1 . 5 hick accessory structure contained approximately 960 square eet. 5 . The structure that was moved upon the property by the Defend. t on October 30, 1985 was an accessory structure of approximat.. 'i 24 x 24 feet having a gross square footage area of 576 feet . 6 . That the Defendant is a former city councilman for the City o+: )ak Park Heights and had access to and knowledge of the City Cc >s it affects setback requirements and accessory structure 2 .Lation and requirements within the city residential districts . "hat in October of 1985 , the principal building - 2 411 411 inspector serving the City of Oak Park Heights was on vacation and a part-time substitute building inspector was handling the issuance of building permits . 7 . That in October of 1985 , the Defendant obtained a building permit from the acting Building Inspector which was erroneously issued in that the Building Inspector was not aware of the requirements of the city code affecting location of accessory structures and total square footage allowed for combined accessory structures within residential properties . 8. Th ;t on October 30, 1985 the City of Oak Park Heights issued f Stop Work Order after the Defendant had brought on a 24 x 24 acessory structure upon his property. 9. Th.. t despite the Stop Work Order , the Defendant following Augus : of 1986 did complete the work on the accessory structure by do _ng cement and foundation work necessary to permanently loc_.te the accessory structure upon his property. 10. Th,;:t the Defendant paid $2, 000. 00 for the acquisition of ,he 24 x 24 accessory structure that was moved onto his proper y in October of 1985. That the Defendant paid an additional $2, 0'.:,9. 00 for moving expenses , cement, foundation expenses involy: d with the structure upon his property. 11. Th,: t the Defendant had actual and/or constructive knowledge of the cit-i ordinances as a resident and former city councilman for he Cty of Oak Park Heights . 12. Tht the Defendant has failed to meet his burden of proof in his claim that the City of Oak Park Heights should be - 3 - equitably estopped from enforcing the pertinent provisions of the accessory building ordinance as it affects Defendant' s property. Based upon the foregoing Findings of Fact, the Court hereby issues its : CONCLUSIONS OF LAW 1 . That the Defendant , William D. Westphal is ordered to remove the excess non-conforming accessory structure from his property located upon Lots 7 , 9 and 11 of Block 5, Beaches Addition to the City of Oak Park Heights, with a property address of 5646 Penrose Avenue North , Oak Park Heights , Minnesota . 2. That the Plaintiff is awarded its reasonable costs and disbursemer:ts incurred in this action . ORDER FOR JUDGMENT Let Judgment be Entered Accordingly. BY THE COURT: Dated : Esther M. Tomlj anov ich Judge of District Court - 4 - 111 • A LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55052 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING November 10, 1988 VICKI L.GIFFORD GREGORY G.GALLER Mr . Frank Leier Building Inspector City of Oak Park Heights 14163 - 57th Street North Stillwater , Minnesota 55082 Mr . Gene Ostendorf Chief of Police City of Oak Park Heights 14168 - 57th Street North Stillwater , Minnesota 55082 Ms . La Vonne Wilson City Clerk City of Oak Park Heights 14168 - 57th Street North Oak Park Heights , MN 55082 RE: City of Oak Park Heights v . William D. Westphal Court File No . C6-87-4590 Dear Messrs. Leier , Ostendorf and Ms . Wilson: Enclosed forour information and file , please find a Y copy of the Notice of Court Trial . This is to advise you that the court trial has been scheduled for November 15, 1988 at 10: 00 A.M. before the Honorable Esther Tomljanovich . You should make plans to appear at the above trial and mark your calendar accordingly. Thank you . YoursA00 • • 011110a 44111, 'ark J. Vierling MJV:bs Enclosure II ISI 41� S�� Washington County Nov 3 , 1988 Stillwater , Minnesota MARK J . VIERl.lNG NOTICE or 1835 NORTHWESTERN AVE. COURT TRIAL SIlLLWATER, MN 55U82 Case Number : C6-87-004590 Re : City of Oak Park Heights vs . William D. Westphal You are hereby notified that the above matter has been set for -- Court Trial on Nov 15 , 1988 at 10 : 00 a .m. before the honorable Esther Estber Tomljaooviob at the following location: Washington Cty Government Ctr . 14900 61st Street North Stillwater , MN 55082-UUU6 You are expected to appear at the above time and place fully prepared. It is your responsibility to have your client and witnesses present . IUIS MATTER HAS BEEN CONTINUED II(0y1 11-1-88 BY THE COURT. Marie Sunlitis Court Administrator Phone: ( 612) 779-5422 By : KL --- / ' ' -- • • LAW OFFICES OF ECKBERG, LAMMERS, B RIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF October 18 , 1988 MARK J.VIERLING VICKI L.GIFFORD GREGORY G.GALLER Mr . Frank Leierson Building Inspector City of Oak Park Heights 14163 - 57th Street North Stillwater , Minnesota 55082 Mr . Gene Ostendorf Chief of Police City of Oak Park Heights 14168 - 57th Street North Stillwater , Minnesota 55082 Ms. LaVonne Wilson City Clerk City of Oak Park Heights 14168 - 57th Street North Oak Park Heights, MN 55082 RE: City of Oak Park Heights v. William D. Westphal Court File No. C6-87-4590 Dear Messrs. Leier , Ostendorf and Ms. Wilson: Enclosed for your information and file , please find a copy of the Notice of Court Trial . This is to advise you that the court trial has been scheduled for November 1 , 1988 at 9 : 00 A.M. before the Honorable Smith F. Eggleston. You should make plans to appear - ' e above trial and mark your calendar accordingly. Thank yr•' Yours - tr ._ ar J. Vier lin• MJV:kp Enclosure S Washington County Oct 17 , 1'188 Stillwater , Minnesota MARK 3 . V1ERLING NOTICE OF 1.335 NORTHWESTERN AVE. COURT TRIAL STILLWATER, MN 55032 Case Number : C6-37-004590 Re : City of Oak Park Heights vs . William D. Westphal You are 'hereby notified that the above matter has been set for --- Court Trial on Nov f, 18 at 900 a .m . before the Honorable Smith F. Eggleston at the following location: Washington Cty Government Ctr . 14900 61st Street North Stillwater , MN 55082-0006 You are expected to appear at the above time and place fully prepared . It is your responsibility to have your client and witnesses present . THIS MATTER HAS BEEN CONTINUED FROM 1U-13-88 BY JUDGE EGGLESTON 'S ORDER. (ATTACHED) Marie Sunlitis Court Administrator Phone : ( 612 ) 779-5422 By : Rh 196 • u 8 1 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. C6-87-004590 Oak Park Heights, a Municipal corporation, Plaintiff, ORDER William Westphal, an individual , Defendant. The above entitled matter came on for hearing before the undersigned Judge of District Court, pursuant to the application of the Plaintiff after notice had been provided to the Defendant through counsel of record. Based upon the application of the Plaintiff, trial otherwised established in this matter as October 18, 1988, is herewith continued to be reset by the Office of the Court Administrator for another date at least two weeks from the previously established date . Dated thisV 1? 'qday of , 1988 . Judge Smith F. stop FILE NO.es- FILED /O-/7-6 ' COURT ADMiN4STRATOR Wasning+ nC .on•y =� = t lL'e -11 :x.•'_ 2 • -.,y. - L' Ort ~it MO./ .4 I"MA CITY OP OAK P** Mir1ONTII. • A_ NWNW COUNTY,MI T WRO*MANCFFEC7TN A'TRM- PORAM1F-MORRTORtUM ON—THE �� DEVELOPMENT, OUILDSNG, OR EROCT1HO ACCESSORY- STRUC-� - • TURES AND/OR GARAGES.IN EXCESS OF A stems_ ACCent:foSTRUC Affidavit of Publication TURE OIE Yr- 1 GARAGE-PER-114OLDARLE LOT WITHIN THE CITY OF OAK PARK HEIGHTS. STILLWATER EVENING GAZETTE The City Council of the City of Oak Park Heights, Washington County, Minnesota- does ordain: STATE OF MINNESOTA ) Section 1. Purpose.The City Council of )ss. the City of Oak Park Heights finds it is COUNTY OF WASHINGTON ) considering amendments to its Building and Zoning Regulations in the area affec- John Easton,being duly sworn,on oath says that he is the publisher or authorized agent ting the location of garages and/or ac- and employee of the publisher of the newspaper known as Stillwater Evening Gazette,and withiny structures upon buildable lots within the City.The City Council of the Ci has full knowledge of the facts which are stated-below: ty of Oak Park Heights finds it to be in the , best interests of the public health and (A) The newspaper has complied with all of the requirements constituting qualification safety to adopt an interim ordinance• • as a qualified newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other ap- covering applications for building per- mits of additional accessory structures plicable laws,as amended. and/or garages upon buildable lots in any (B)The printed C r'I i ne nC e 4- P5-11.01-10A Zone of the City which presently have a garage or accessory structure presently located thereon until such time as amend- ' i t V of Oak Park F?e t rh t s ments to the Zoning Ordinance are passed but not later than 6 months from fIts ta„— which is attached was cut from the columns of said newspaper, and was printed and Rassage •SR publication this ordinance. published once each week, for One XTy�c'iiii'e days--a,2Be7G it was first Section 2.The area affected by this or- dinance is the entire municipal limits of publirs� 'hed on _ 9113 T'S . , the 11S t lay of no t. the City of Oak Park Heights.• 19:._-"._,and was thereafter printed and published on every to and in- Section 3. Any proposal for the con- struction or location upon any buildable cluding the day of , 19 "" ,; and lot within the City of Oak Park Heights of printed below is a copy of the lower case alphabet from A to Z,both inclusive,which is an additional accessory structure or • garage ir1 addition to a single accessory hereby acknowledged as being the size and kind of type used in the composition and structure and/or garage now located upon any buildable lot shall not be con- publication of the notice: sidered for a period of 6 months from and abcdefghiikimnopgrstuvwxyZ after the date of passage and publication �L�?" , • of this ordinance or until such time as the BY - City Council has considered and acted • T •--0-••isher upon proposals for amendment to the ex- • isting.building and zoning regulations, Subscribed and sworn to before e on this whichever date is earlier. :1 C t • 0C t ♦ - Section 4. Effective Oats. This or- __ daY of V —__----__, dinance shall be in full force and effect from and after its passage and publica- 19 tion according to law. -• Adopted by the City Council of the City of Oak Park Heights This 28th day of Oc- ;::N"�;,BEVERLY HARVIEUX tober, 1985. ,•• AI 4.� NOTARY PUBLIC-MINNESOTA /s/Frank O. Sommerfeldt Notary Publ'- \ ' ASHINGTQN COUNTY O.Sommerfeldt,Mayor .+ My Commission Expires Feb.28,1991 yAttest: - .. /s/LaVonne Wilson RATE INFORMATION \ LaVonne Wilson paid [a; L' /. Ctty Clerk/Administrator t l) Lowest classified rate by corn- 10/71 rnercial users•for comparable space S (Line,word,or inch rate) ( /1 � 2)Maximum rate allowed by law for the s ,e2 / D D" above matter till 11 (Line,word,or inch rate) n l / � ;31 Rate actually charged for the above $ ?�{-,L•/ . 1 P matter f / (Line,word,or inch rate) Q t '° afp, 1%5 Received Payment 19 t STILLWATER EVENING GAZETTE 1 11' {o • • i^ //ll ((JJ / ` r i /1A / /1 ll J j • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF a VIERLING 1835 NORTHWESTERN AVENUE P.O. BOX .O. C STILLWATER, MINNESOTA 55082 (612)439.2878 LYLE J. ECKBERG FAX(612)439.2923JAMES . MARK J.VIERLING JAMES F. LAMMERS August 12 , 17A 88 VICKI LIGIFOFORD ROBERT G. BRIGGS PAUL A.WOLFF GREGORY G. GALLER Mr . Frank Leierson Building Inspector City of Oak Park Heights 14163 - 57th Street North Stillwater , Minnesota 55082 Mr . Gene Ostendorf Chief of Police City of Oak Park Heights 14168 - 57th Street North Stillwater , Minnesota 55082 Ms. LaVonne Wilson City Clerk City of Oak Park Heights 14168 - 57th Street North Oak Park Heights, MN 55082 RE: City of Oak Park Heights v. William D. Westphal Court File No. C6-87-4590 Dear Messrs. Leier , Ostendorf and Ms. Wilson: Enclosed for your information and file , please find a copy of the Notice of Court Trial . This is to advise you that the court trial has been scheduled for October 4 , 1988 at 9 : 00 A.M. before the Honorable Smith F. Eggleston. You should make plans to appear at the above trial and mark your calendar accordingly. Thank you. / Yours very truly, 1s/ Mark J. Vierling Mark J. Vierling MJV: kp Enclosure mow— Washington County Aug 10 , 1988 Stillwater , Minnesota MARK J . VlEBLING NOTICE OF 1835 NORTHWESTERN AVE. COURT TRIAL STILLWAIER , MN 5508� Case Number : C6-87-OU459U Re : City of Oak Park Heights vs . William D. Westphal You are hereby notified that the above matter has been set for --- Court Trial on Oct 4 , 1988 at 9 : 00 a . m. before the Honorable Smith Smitb F. Eggleston at the following location: Washington Cty Government Ctr . 14900 61st Street North Stillwater , MN 55O82-00O6 You are elq)eoted to appear at the above time and place fully prepared. It is your responsibility to have your client and witnesses present . Reset from 8/9/88 William Funari 1 Court Administrator Phone ; ( 612 ) 779-5422 By : bc 11111111117.--- 411 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P.O. BOX C STILLWATER, MINNESOTA 55082 (612)439-2878 LYLE J. ECKBERG FAX(612)439-2923 MARK J.VIERLING JAMES F. LAMMERS JAMES I. MOBERG ROBERT G. BRIGGS VICKI L. GIFFORD PAULA.WOLFF June 23, 1988 GREGORY G. GALLER Mr. Frank Leier Building Inspector City of Oak Park Heights 14168 - 57th Street North Stillwater, Minnesota 55082 Mr. Gene Ostendorf RECEtV Chief of Police �'p JUN 2 � 19 City of Oak Park Heights 88 14168 - 57th Street North Stillwater, Minnesota 55082 Ms. LaVonne Wilson City Clerk City of Oak Park Heights 14168 - 57th Street North Oak Park Heights, MN 55082 Re: City of Oak Park Heights vs. William D. Westphal Court File No. C6-87-4590 Dear Messrs. Leier, Ostendorf and Ms. Wilson: Enclosed for your information and file, please find a copy of the Notice of Court Trial. This is to advise you that the court trial has been scheduled for August 9 , 1988 at 9 :00 a.m. before the Honorable David Doyscher. You should make plans to appear at the above trial and mark your calendar accordingly. Thank you. Yours ve y tru y� / � M. J. ierlig MJV:bs ~ ° ���� ���� ���� ���m Washington County June 1y , 1988 Stillwater , Mi�nesota 7,ARK J . Vl�8LI0G NOTICE 0l/ 1835 NORTRWESTE.RN AVE. COURT TRIAL NN 55082 Case Number : C6- PY-UU45Y _; City of Oaf( ParR Heights vs . Wl . liam D. Westphal 2ou are hereby notified the above matter has been set for on Aug 9, 1988 at 9: 90 a .m, bee 4- hp --- 8o�orable �av�d Uoysober location: Washington Cty Government Ctr , 14900 61st Street North 6tillwater , 55U82-UUO6 Yo1A are expected to appear at the above time and place fully prepared. It is your respoosibi1ity to bave your client and witnesses present . Willia� f��a�- � Conrt Adh.,hzscrator I'I. < 612 ) 7Y9-54By :EK .. ' • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1635 NORTHWESTERN AVENUE P.O.BOX C STILLWATER,MINNESOTA 55082 (6121 439-2878. LYLE J.ECKBERG JAMES F.LAMMERS ROBERT G.BRIGGS May 25 , 1988 PAUL A.WOLFF MARK J.VIERLING JAMES I.MOBERG VICKI L.GIFFORD Mr . Frank Leier Building Inspector City of Oak Park Heights 14168 - 57th Street North Stillwater , Minnesota 55082 Mr . Gene Ostendorf Chief of Police City of Oak Park Heights 14168 - 57th Street North Stillwater , Minnesota 55082 Ms. Lavonne Wilson, City Clerk City of Oak Park Heights 14168 - 57th Street North Stillwater , Minnesota 55082 RE: City of Oak Park Heights v. William D. Westphal Dear Messrs. Ostendorf and Leier and Ms. Wilson: This is to advise you that the Pretrial in the above- entitled matter has once again been rescheduled from June 10 , 1988 to the following date and time: DATE: Friday, June 17, 1988 TIME: 9: 00 a.m. PLACE: Washington County Government Center JUDGE: The Honorable David Doyscher presiding. Once again, this is g being provided to you f. your information and file only. Thank you. Y. s li truly, Z. k J. Vierling MJV:kp Enclosure Imp WashingtonCounty May 23, 1988 Stillwater, Minnesota MARK °J J. VIERLING NOTICE Ola' 1835 NORTHWESTERN; AVE. PRS:-•TRIAL, STILLWATER, MN 55082 Case Number: C6-87-004590 Re: City of Oak Park Heights vs. William D. Westphal You are, ireby. ► fd. a nth "`fag eY:: ` iter has been set` for -- Pre-trial on June 17, 1988 at 9:00 a.m. before the --- Honorable David Doyscher at the following location: Washington Cty Government Ctr . 14900 61st Street North Stillwater, MN 55082-U006 You are expected to appear at the above time and place fully prepared. William Funari Court Administrator Phone: (612) 779-5422 By: BC 114: ;. 4c ,Px • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P O.BOX C STILLWATER,MINNESOTA 55082 (6121 439-2878 LYLE J.ECKBERG JAMES F.LAMMERS ROBERT G.BRIGGS May 5, 1988 PAUL A.WOLFF MARK J.VIERLING JAMES I.MOBERG VICKI L.GIFFORD Mr . Frank Leier Building Inspector City of Oak Park Heights 14168 - 57th Street North Stillwater , Minnesota 55082 Mr . Gene Ostendorf Chief of Police City of Oak Park Heights 14168 - 57th Street North Stillwater , Minnesota 55082 Ms. LaVonne Wilson City Clerk City of Oak Park Heights 14168 - 57th Street North Oak Park Heights, MN 55082 RE: City of Oak Park Heights vs. William D. Westphal Court File No. C6-87-4590 Dear Messrs. Leier and Ostendorf and Ms . Wilson: Enclosed for your information and file please find a copy of the Notice of Pre-Trial from the Court Administrator ' s Office. As you can see from the notice , this matter is scheduled to be heard on Friday, June 10 , 1988 at 10 • : •• a.m . in front of The Honorable David Doyscher . Yours fe tr • , Ma �'. Vierli • MJV:kp Enclosure 110 Co APR 2 0988 Washington County Apr 26, 1988 Stillwater , Minnesota MARK J . VIERLING NOTICE OF 1835 NORTHWESTERN AVE. PRE-TRIAL STILLWATER, MN 55082 Case Number: C6-87-004590 Re: City of Oak Park Heights vs. William D. Westphal You are hereby notified that the above matter has been set for a --- Pre-trial on June 10, 1988at10:00 a.m. before the Honorable David Doyscher at the following location: Washington Cty Government Ctr. 14900 61st Street North Stillwater, MN 55082-0006 You are expected to appear at the above time and place fully prepared. RESET FROM JUNE 3, 1988 William Funari Court Administrator Phone: (612) 779-5422 By: SC • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P.O.BOX C STILLWATER.MINNESOTA 55082 (6121 439-2878. LYLE J.ECKBERG JAMES F.LAMMERS ROBERT G.BRIGGS PAUL A.WOLFF April 6 , 1988 MARK J.VIERLING JAMES I.MOBERG VICKI L.GIFFORD Mr . Frank Leier Building Inspector 8490 Demontreville Trail Lake Elmo, MN 55042 Mr. Gene Ostendorf Chief of Police City of Oak Park Heights 14168 - 57th Street North Stillwater , MN 55082 Ms . LaVonne Wilson Administrator City of Oak Park Heights 14168 - 57th Street North Stillwater , MN 55082 RE: City of Oak Park Heights v. William Westphal Court File No. C6-87-4590 Our File No . 1501-4254 Dear Messrs. Leier , Ostendorf and Ms . Wilson: Please be advised that the trial in the above matter has been continued to a Pretrial date to be held before The Honorable David Doyscher on June 3, 1988 at 10: 00 a.m . Note that this is for your information only as your attendance is not required at that hearing. s v y trul erling MJV:kp - S • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P. O. BOX C STILLWATER, MINNESOTA 55082 (612) 439-2878 LYLE J.ECKBERG JAMES F.LAMMERS ROBERT G.BRIGGS March 23, 1988 PAUL A.WOLFF MARK J.VIERLING JAMES I.MOBERG VICKI L.GIFFORD Mr . Frank Leier Building Inspector City of Oak Park Heights 14168 - 57th Street North Stillwater , Minnesota 55082 Mr . Gene Ostendorf Chief of Police City of Oak Park Heights 14168 - 57th Street North Stillwater , Minnesota 55082 Ms. Lavonne Wilson, City Clerk City of Oak Park Heights 14168 - 57th Street North Stillwater , Minnesota 55082 RE: Cityof Oak Park Heights v. William D. Westphal 9 Dear Messrs. Ostendorf and Leier and Ms. Wilson: Enclosed for your information please find a copy of the Notice of Court Trial from the Court Administrator ' s Office setting the trial in the above-entitled matter for the following date and time: DATE: Tuesday, April 5, 1988 TIME: 9: 00 a .m. PLACE: Washington County Government Center JUDGE: The Honorable Kenneth J. Maas You should make plans to appear at the abo - hearing and mark your calendar accordingly. Thank you. .urs -r ruly, Ma ,.k J. Vierling MJV:kp Enclosure Ilk • N.::-•In'lli-!fSTE;RN A • I. VE. STT:LW,TE , Ca5;e Title : City of Oak Park IIeig-2- fE • T,41. 11iS.ra D. Westphal Y.n-iz are .1771e1-,-.:-;:y n7 :7,1fied that- ilatter haE sE,t l'or a zrial Ali- 5 , 1.383 at the Washington Conty ;:c.urtllouae You are ep2c.i,:ed to appear at t above t. nd plac:e f .i y prepared. It 15 your responsibliity to have your cliEnt d v3tnesses present ; Sy ; a FEE SCHEDULE • / • Permit CITY OF OAK PARK HEIGHTS Plan No. CITY BLDG. �_"� 439-4439 (For Dept. use only) STATE SURCHARGE Jr 3 O PLAN CHECK CITY UTILITY EXTERNAL PLBG. APPLICATION FOR PERMIT METRO S.A.C. UTILITY CONNECTION Date 1 9.. L • TOTAL AMOUNT DUE _S-S s-cd STRUCTURE USE,5 REFRG HANG MARK BUILD PLUMB. HEAT INSTALL ALTER REPAIR REROOF RESIDE MOVE WRECK SIGN SQUARES JI(— IIr )!1 6Y X � • Owner /_ ' :% ' Address Architect Address General Contractor Address Contractor Reg. No. 4/0 F- /320 NUMBER STREET _ SIDE BETWEEN WHAT CROSS STREETS 5-k fc LOT BLOCK ADDITION OR TRACT WIDTH DEPTH SIDE LOT CLEARANCE FRONT BUILDING LINE LOT WIDTH LENGTH HEIGHT NO OFSTORIES TYPE OF CONSTRUCTION ESTIMATED VALUE STRUCTURE 5 BASEMENT D YES DETAILS OR REMARKS: APP` . A � CINO X-2- y / / . The undersigned hereby makes application for a permit to do Building Work as herein specified,agreeing to do all work in strict accordance with all ordinances of the City of Oak Park Heights.Contractors must register with the village before permit can be issued. OWNER/CONTRACTOR SIGNED _ OK'D BY