HomeMy WebLinkAbout2010 Attorney Letter ECKBERG
LAMMERS ►�i
ATTORNEYS AT LAW
Writer's Direct Dial: Stillwater Office:
(651) 351 -2118 1809 Northwestern Avenue
Stillwater, Minnesota 55082
Writer's E -mail: (651) 439 -2878
mvierling @eckberglammers.com Fax (651) 439 -2923
•
March 16, 2011'
Hudson Office:
430 Second Street
Hudson, Wisconsin 54016
(715) 386 -3733
HLB Tautges Redpath LTD. Fax (715) 386 -6456
l W , ..: Parkway
lte �I e 55110 www.eckberglammers.com
Re: City of Oak Park Heights 2010 Audit
Our File No.: 01501 -00545
Gentlemen:
We have been directed by the Finance Director for the City of Oak Park Heights to supply you with
information in the following areas with regard to your annual audit that you are performing for the
city. The areas of inquiry in which we have been asked to respond to are as follows:
1. Nature and amount involved in any pending lawsuits, claims or other actions in which
the City is a defendant.
Response: The City has been named as a party defendant in two (2) matters in
litigation. They are presently Washington County vs. City of Oak Park Heights on a
water bill claim dispute. Secondly, they are involved with a matter called MOJO
TBD, LLC. vs. City of Oak Park Heights, et al. The latter involves a dispute
essentially between a marketing vendor and the local Convention and Visitors
Bureau, which involved a joinder in there of the additional parties, defendant the City
of Oak Park Heights and the City of Stillwater.
Both claims are outstanding with Washington County claiming approximately
$110,000 as an amount due for overpaid water bills. The MOJO suit is for
approximately $50,000 in liability.
2. Your opinion as to the probable outcome of such suits, claims and actions of the
City's liability thereunder.
Response: A. Relative to the Washington County lawsuit, we find that the matter has
been tendered to the City's insurer who has accepted the defense. Notwithstanding
the fact that it involves a utility bill for alleged overpayment, the maximum liability
that we anticipate would be $110,000 should the City not prevail, but we do believe
ECKBERG. LAMMERS. BRIGGS. WOLFF 3 V1ERLING, PLLP
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the City has an excellent case in this matter, and that the County has a difficult road in
front of it to proceed to completion.
B. With regard to the MOJO TBD, LLC lawsuit, the City has -0- liability on this
matter, and we believe the City's counsel has scheduled the matter for dismissal and
will prevail on a Motion to Dismiss.
3. Nature and amount of any other direct or indirect liabilities of the City of which you
may have knowledge.
Response: We have none.
4. Pending litigation in which the City is the plaintiff.
Response: None
5. The amount of any unpaid fees and expenses, billed or unbilled, due you at December
31, 2010.
Response: See attached.
6. Lawsuits or litigation instituted between December 31, 2010 and the date of your
reply.
Response: None
Should you require additional information or background knowledge on any aspect, please feel free
to contact this office directly.
Yours ery trul
Mark Vierling
MJV /ndf
cc: Betty Caruso