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HomeMy WebLinkAboutLitigation: Hasse & Treimert • Cpy LAW OFFICES OF O 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 GREGORY G.GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER February 12, 1993 SUSAN D. OLSON Mr. John Haase 8401 North Atlantic Avenue C-4 Cape Canaveral, FL 32920 Mr. Edward Simonet III Attorney At Law 522 South 4th Street Stillwater, MN 55082 Re: City of Oak Park Heights v. John Howard Haase and David Chauncey Treimert - Court File No. C9-93-123 Dear Mr. Haase and Mr. Simonet: Enclosed herewith please find a copy of the Summons and Complaint as have been issued affecting Mr. Treimert's use of Mr. Haase's property for a used car lot. As you can see from the Complaint, the problem with the use is that a license which should be obtained in order to utilize that Lot as a retail used car lot was not obtained'; from the City of Oak Park Heights by Mr. Treimert and although I' had been in contact with him and advised him to do so, he refused to obtain such a license or otherwise apply to receive one. Consequently, it left the City no alternative but to pursue the matter directly. My understanding from talking with Mr. Haase on Thursday, February 11, 1993 is that if Mr. Treimert has not removed his automobile(s) and trailer from Mr. Haase's property on or before the 19th of this month, the City is authorized to enter and remove same and impound it at Mr. Treimert's expense. Consequently, having been so advised by Mr. Haase that Mr. Treimert is trespassing on the property, the City will pursue the matter directly in that manner. Very truly yours, Mark J. Vierling MJV:sms cc: Chief Lindy Swanson David C. Treimert, Jr. i STATE OF MINNESOTA IN DISTRICT COURT CIVIL DIVISION COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. Case Type: 10/Other Civil City of Oak Park Heights, a municipal corporation, Plaintiff, vs. NOTICE OF MOTION AND MOTION FOR TEMPORARY John Howard Haase, David RESTRAINING ORDER Chauncey Treimert and John Doe, Defendants. TO: JOHN HOWARD HAASE, Defendant above-named, 13795 North 60th Street, Oak Park Heights, MN 55082; and ER Defendant above-named, 13795 North DAVID CHAUNCEY TREIMERT, 60th Street, Oak Park Heights, MN 55082: YOU WILL EACH PLEASE TAKE NOTICE that on the day .of , 199 at o'clock m. , or as soon thereafter as counsel can be heard, before a Judge of District Court, at the Washington County Courthouse, 14900 - 61st Street North, Stillwater, Minnesota 55082, Plaintiff moves the Court for a Temporary Restraining Order restraining as follows: 1. For an Order of the Court temporarily enjoining the their agents, employees Defendants and each of them or g or persons acting on their behalf from offering for sale new or used area on a consignment or other basis from any ar a of Defendant's property until such time as Defendants either individually or jointly have applied for and obtained from the City of Oak Park Heights the necessary permits to operate such a business upon the property of Defendant, John Howard Haase. i i o 2. For the Order of the Court providing pursuant to Minnesota Statute 574. 18 that a temporary restraining order shall issue without bond. 3 . For such other and further relief as the Court may deem just, fair and equitable in the circumstances. This motion is based upon all the files and proceedings contained herein and the attached Affidavit of LaVonne Wilson. All responsive pleadings shall be served and mailed to or filed with the Court Administrator no later than five (5) days prior to the scheduled hearing. The court may, in its discretion, disregard any responsive pleadings served or filed with the Court Administrator less than five (5) days prior to such hearing in ruling on the motion or matter in question. Dated this day of , 199_ ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING BY: Mark J. Vierling Attorneys for Plaintiff 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 Attorney Reg. No. 112823 2 • 1111 STATE OF MINNESOTA IN DISTRICT COURT CIVIL DIVISION COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. Case Type: 10/Other Civil City of Oak Park Heights, a municipal corporation, Plaintiff, vs. AFFIDAVIT OF LAVONNE WILSON John Howard Haase, David Chauncey Treimert and John Doe, Defendants. STATE OF MINNESOTA ) ) S§: COUNTY OF WASHINGTON) LaVonne Wilson, upon being first duly sworn on oath, deposes and states that she is the City Clerk for the City of Oak Park Heights, Washington County, Minnesota and further states as follows: 1. That the property of Defendant, John Howard Haase, as referenced within Exhibit "A" annexed to the Complaint provides the legal description of his real property which is located within the City of Oak Park Heights, the same having been annexed from Baytown Township to the City of Oak Park Heights. 2 . That your affiant having reviewed the records of the City of Oak Park Heights has determined that John Howard Haase has not filed any application seeking rezoning of his property so as to allow a more expanded commercial or business utilization of his property other than that which is defined within his permit as III 411 previously issued by Baytown Township on July 2 , 1979, a true and correct copy of which is annexed to the Complaint. 3 . That to your affiant' s knowledge and information no other individual has sought permits from the City of Oak Park Heights to operate or locate upon the property of John Howard Haase a new or used automobile sales business. 4 . That the property owned by John Howard Haase is currently zoned "B-2" under the zoning codes of the City of Oak Park Heights which presently does allow the use of said property as open lot for new or used automobile sales facility or related business use, but requires a conditional use permit before such a use can be implemented. 5. That should the Court enjoin the Defendant' s activities in operating a used automobile sales business upon the property of John Howard Haase, the Defendants and either of them will suffer no injury or damage insofar as neither of them had any legal right to utilize the property for said purposes either under the permits that were previously issued by Baytown Township as it affects said property or under the current zoning code of the City of oak Park Heights, insofar as they have as of yet failed to apply for or receive the necessary permits. FURTHER YOUR AFFIANT SAYETH NOT. N J A._-/-1_,,,,,,, LaVonne Wilson Subscribed and sworn to before me this (/{), day of , 1993 -ry Pu• •c • (No ` SAS - i;D . BUS: NOTARY PUBLIC—MINNESOTA 1:. , WASHINGTON COUNTY 2 My Comm. Expires Jan. 14, 1998 • + • o • JOHN HOWARD HAASE — .LEGAL DESCRIPTION All that part of the North Half of the Northeast Quarter of Section 5 , Township 29 North , Range 20 Iles t , S4ashington County, Minnesota , described as follows : Beginning at the northwest corner of the East 1093.00 feet of said North Half of the Northeast Quarter, as measured at a right angle to the east line of said North Half of the Northeast Quarter; thence South 01 degree 52 minutes 14 seconds East , assumed bearing , along the westerly line thereof, a distance of 633.04 feet; thence South 89 degrees 51 minutes 37 seconds East 80.05 feet to the west line of the East 1013.00feet of said North hair of the Northeast Quarter, as measured at a right angle to said east line and a point hereinafter referred to as Point "A" ; thence South 01 degree 52 minutes 14 seconds East along said westerly line a distance of 225.10 feet ; thence South 89 degrees 42 minutes 13 seconds West 49. 31 feet ; thence South 01 'degree 52 minutes 06 seconds East 363.61 feet to the southerly line of said North Half of the Northeast Quarter; thence South 89 degrees 42 minutes 13 seconds West •along- said southerly line 609.66 feet; thence North 01 degree 52 minutes 08, seconds hest 594.73 feet to a point hereinafter referred to; as -Point "8". which bears North 89 degrees51 minutes 37 seconds West from the •before 'mentioned Point"A" ; thence South •89 -degrees 51 minutes 37 seconds East along a line , •hereinafter referred to as Line "AB" far. • 479.01 feet to the •intersection" with the westerly line of the east '1193.00 feet of said Plorth-HR1 f. c-f the.•Noe theast Quarter; thence North. 01 decree 52 minutes 14 seconds West 633. 29 feet to .tt7F northerly 1 ine of said. north 'Half of:the Northeast Quarter; thence South 89 degrees 43 minutes 00 seconds 'East along said ndrtheriy line a distance of 100.07 feet Lo the point of .bedinning. The above described parcel don,ta.i'ns 10.0 acres, more or less. • EXHIBIT "A" III 411 STATE OF MINNESOTA IN DISTRICT COURT CIVIL DIVISION COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. _ Case Type: 10/Other Civil City of Oak Park Heights, a municipal corporation, Plaintiff, VS. AFFIDAVIT OF LAYON ODI John Howard Haase, David Chauncey Treimert and John Doe, Defendants. STATE OF MINNESOTA ) \ ) SS: COUNTY OF WASHINGTON) LaVonne Wilson, upon bei "g -irst duly sworn on oath, deposes and states that she is the Ci Clerk for the City of oak Park Heights, Washington County, " Min esota and further states as follows: 1. That the propert of Defen. .nt, John Howard Haase, dS referenced within Exhibit " " annexed to he Complaint provides the legal description of his r al property wh ', h is located within the City of Oak Park Heights, he same having ben annexed from Baytown Township to the City of ak Park Heights. 2. That your affiant having reviewed the records of the City of Oak Park Heights has determined that John Howard Haase has not filed any application seeking rezoning of his property so as to allow a more expanded commercial or business utilization of his property other than that which is defined within his permit as 411 previously issued by Baytown Township on July 2 , 1979 , a true and correct copy of which is annexed to the Complaint. 3 . That to your affiant 's knowledge and information no other individual has sought permits from the City of Oak Park Heights to operate or locate upon the property of John Howard Haase a new or used automobile sales business. 4 . That the property owned by John Howard Haase is currently 2 zoned "open space" under the zoning codes of the City of Oak Park Heights which presently do not allow the use of said property ag a new or used automobile sales facility or related business use. 5. That should the Court enjoin the Defendant 's activities in operating a used automobile sales business upon the property of John Howard Haase, the Defendants and either of them will suffer no injury or damage insofar as neither of them had any legal right to utilize the property for said purposes either under the permits that were previously issued by Baytown township as it affects said property or under the current zoning code of the City of oak Park Heights. FURTHER YOUR AFFIANT SAYETH NOT. LaVonne Wilson Subscribed and sworn to before me this day of ► 199 Notary Public (Notarial Seal) 2 , . , . ! I JOHN HOWARD HAASE — LEGAL DESCRIPTION All that part of the North Half of the Northeast Quarterof - . North , Se Range 20 West , Washington County, ;Minnesota , described as follows : 29 Beginning at the northwest corner of the East 1093 northeast Quarter, as measured at a r; '00 feet of said North Half of the toe easeast Quarter; a ght angle to the east Tine of said North Half of t ,ence South 01 degree 52 minutes 14 seconds East , assumed bearing , along the westerly line thereof,of, a distance of 633.04 feet; thence South S, degrees 51 minutes 37 seconds East 80.05 feet to the west line of the East 1013.00 fee; of said North Half of � � the Northeast Quarter, as measured at a right angleeast line and a point hereinafter referred to said inetan 14 a a red to as Point "A" ; thence South 01 degree 52 seconds East along said westerly line a distance of South 89 degrees 42 minutes 13 seconds West 49. 31 feet ; 226. 10 Fede; thence minutes Qv seconds East 6 feet , ' thence South 01 'degree 3 3. 61 to the southerly line of said North Half of the Northeast Quarter; thence South 89 degrees 42 minutes 13 seconds West 'alongsaid southerly line 609. 66 feet ; thence North 01 degree 52 minutes 08, seconds West 594.73 feet to a point herei 'i° referred . . � enaft rt „ minutes - to;. as "Pain '8". which wntch b?arS North 89 ao 37 secondsde r_ West from the .before 'mentioned Point"A" • thence g rets 51 minutes 37 seconds East aT'on a line } °„ nc_ South •$g degrees . 479.01 feet to the •intersectiongwith the westerlytline eofrthe east '1 ) 93.00red to as Line Afeet fof said forth-Mr. of ,the 'Northeast Quarter; thence North 01 degree 52 minutes 14 seconds West 633.29 feet to •tl}A northerly line of said. Horth 'Half of the Northeast Quarter; ter; th n ceSouth 89 degrees 43 minutes 00 seconds 'East a+on4 saidh�rtherlY1ine a distance of feet to the point of begipnis. The above described parcel Con,tafns 10.0 acrest more or less. • LXHTDIT "A" • . • LAW OFFICES OF ECK8ERG, LAMMERS, BRIGGS, WOLFF & V1ERLING IBJS NORTHWESTERN AVENUE ETILLWATE4, MINNESOTA SSG©8 LY(,E J. CCKBERG (6i21 439.2976 JAMES F, LAMMERS FAX (612) 4394023 ROAERT G. BRId3S PAUL A,WOLFF MARK J. VIERLING GREGORY G. CALLER KEVIN K, SMOEBERG THOMAS J. WEIONER CO ER SHEET -+ FACSIMILE TRA MISS;ON DATE: / 2, - 2. .3 - Please deliver the following page(s) to: FAX NO. : c)--)-7g NAME: FROM: ,4/- s-t�- • TOTAL NUMBER OF PAGES , INCLUDING COVER SHEET. The information contained in this facsimile message may be privileged and confidential. It is intended only for the use of the individual or entity to whom it is sent. If the recipient of this transmittal is not the intended recipient, or an employee or agent responsible to deliver it to the intended recipient, any dissemination, copying, or distribution of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U. S. Postal service. IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL US BACK AS SOON AS POSSIBLE AT (612) 439-2878. COMMENTS: * * * * * * * * * * * * HARD COPY (WILL) (WILL NOT) FOLLOW BY MAIL.