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[ <br /> STATE OF MINNESOTA DISTRICT COURT <br /> COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT <br /> City of Orono, Court File No. 27-CV-11-5626 <br /> Plaintiff, <br /> v. AFFIDAVIT OF ROGER PEITSO <br /> Jay T.Nygard and Kendall M.Nygard, <br /> Defendants. <br /> STATE OF MINNESOTA ) <br /> )ss. <br /> COUNTY OF HENNEPIN ) <br /> ROGER PEITSO, being first duly sworn, on oath, deposes and states as follows: <br /> 1. I am employed as an Orono Building Official for the City of Orono in Hennepin County, <br /> Minnesota. <br /> 2. In that capacity, I am familiar with the Defendant's property located at 1386 Rest Point <br /> Road, Mound, Minnesota("Subject Property"). <br /> 3. On September 17, 2015 I met with Jay Nygard on the Subject Property to try and <br /> determine whether the concrete pad, which served as a footing for the wind generator, <br /> had been completely removed from the Subject Property. <br /> 4. It is my understanding that the concrete pad measures approximately 48"x48"x48". <br /> 5. The footing area was completely covered by landscaping rocks and two large compost <br /> containers. Because the area was completely covered with material, I was not able to <br /> visually confirm that the foundation had been removed. I brought a metal probe to try <br /> and determine whether the concrete pad had been removed. <br /> 6. Mr.Nygard would not allow me to move the empty compost containers which are located <br /> over the foundation area. I probed next to the recycling containers and hit something <br /> solid at approximately 18" in depth. I also probed in another location and made it down <br /> approximately 30". Mr. Nygard would not allow me to probe any other areas. <br /> 7. It is my belief that the concrete pad has not been completely removed. I am required to <br /> use a probe as a Building Official and Septic Inspector. It is my opinion that the solid <br /> 183564 <br />