HomeMy WebLinkAbout1991-06-20 Karl Ranum Ltr to Ca Re Wolszon RANUM LAW OFFICES, P.A.
104 NORTH MAIN STREET
STILLWATER, MINNESOTA 55082
ALBERT E. RANUM TELEPHONE
KARL M. RANUM (612) 439 -4143
ERIC J. RANUM
June 20, 1991
City of Oak Park Heights
14168 - 57th Street North
Stillwater, MN 55082
Attn: City Council - City Clerk
Ree Notice of Claim to Municipality - Minn. Stat. 466.05, subd. 1
On behalf of John T. Wolszon and Mary Jo Wolszon, 14196 Upper
54th Street North, Oak Park Heights, MN 55082
City of Oak Park Heights, Madam Mayor, and City Council:
Pursuant to the requirements of Minnesota Statute 466.05, Subd. 1,
and in conjunction with the Notice of Facts and Claim previously made
before the council on May 28, 1991, this letter is directed to your
attention for the purpose of giving notice of claim for damages against
the City of Oak Park heights by John T. Wolszon and Mary Jo Wolszon,
owners of residential real property located within the City of Oak
Park Heights as referenced above. You are hereby notified that John T.
Wolszon and Mary Jo Wolszon now claim damages against the City of Oak
Park Heights in an amount not less than $35,000.00, representing damages
to and the dimunition in value of the real property and residential
improvements thereon presently owned by the claimants and located at
14196 Upper 54th Street North, Oak Park Heights, MN 55082. This claim
and cause of action is based upon the repeated and frequent flooding
of this residential homestead property owned by the claimants, said
flooding occurring as a result of the negligence and failure of the City
of Oak Park Heights to sufficiently and adequately enforce the terms of
its development agreement with the developers of the Oak Park Heights
Ninth Addition (wherein the property of the claimants is presently
located), and its development agreement with the developers of the
Valley Point Addition - First and Second (located to the north and
immediately adjacent to the claimants' residential homestead property),
as well as the negligence of the City of Oak Park Heights for its failure
to impose and enforce sufficient and adequate engineering and grading
elevations and specification requirements pursuant to its development
agreements with the developers of both additions, said negligence and
failure of the City of Oak Park Heights resulting in the extreme, repeated,
and frequent flooding conditions presently experienced by the claimants.
This claim is based upon the damages incurred and the conditions of
flooding taking place and identified on May 24, 25, 26, and May 29, and
June 13, and June 18, 1991. Statements made by an employee of the City
t'
City of Oak Park Heights
June 20, 1991
Page 2
of Oak Park Heights to Mrs. Wolszon on June 14, 1991, about excessive
amounts of precipitation and blockage of the existing storm drains have
proved to be inaccurate.. Rainfalls for this area are within average
precipitation levels for normal years, excluding those years identified
as "drought" years; 1988, 1989, and 1990. Further, eyewitnesses are
available to offer testimony that on June 13, 1991, when the conditions
of flooding finally drained away, no blockage of either existing storm
drain was in evidence. Of great signifigance and importance to remember
is the fact that prior to commencement of site development within the
Valley Point Additions, the claimant experienced absolutely no occurrences
of flooding, pooling, or ponding on his property.
This notice of claim is made in compliance with the requirements
of Minnesota Statutes 466.05, Subd. 1. I perceive, however, a desire
and willingness on the part of the municipality to resolve this matter
and these circumstances short of litigation. If the present position
of the City is consistent with these perceptions, I would more than
welcome an opportunity to meet in person with the City Attorney, City
Engineer, and any other representatives of the municipality whom the
City deems appropriate to participate and who may be able to make a
useful contribution to the negotiation and resolution process. With
these considerations in mind, I await your timely response to this
correspondence.
Very truly yours,
RANUM LAW OFFICES, P.A.
Karl M. Ranum
Attorney for John T. and Mary Jo Wolszon
KMR.km