2004-2005 Illegal Marina - Litigation File (case is closed; contents are public)

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Page 1 of 2 Mike Gaffron From: Jodi L. Johnson [JJohnson@HINSHAWLAW.COMJ Sent: Monday, July 12, 2004 3:19 PM To: Mike Gaffron Subject: Re: 2740 Shadywood Road - Illegal rental of dock space Once we file the Complaint, we will have to file a Motion for a Temporary Injunction (this is where we must show irreparable harm). This will move pretty fast and likely only take a couple of weeks from start to finish. Once the Temporary Injunction is issued, the case will proceed and if necessary a trial will take place where we ask for a permanent injunction prohibiting her from doing this in the future. If she does, she will be in violation of a Court Order. The same process will have to be asserted against the different home owners that are violating the ordinance. Hinshaw& Culbertson LLP Campbell Mithun Tower 222 South Ninth Street Suite 3100 Minneapolis, Minnesota 55402 Tel. (612) 334-2637 Fax (612) 334-8888 "Mike Gaffron"<MGaffron@ci.orono.mn.us> To: <jjohnson@hinshawlaw.com> 07/12/2004 03:02 PM cc: <Tbarrett@hinshawlaw.com> Subject: 2740 Shadywood Road-Illegal rental of dock space Jodi—Thank you for faxing us the letter to Elaine Pagonis and the draft Complaint. I like the fact that she will be immediately seeing what action we intend to take if she does not comply. As of last Tuesday, five of the boats were still there, so while she has made some progress, I would be surprised if we find less than five boats this week. Go ahead and send this, and I will have our inspector check mid-week as to what boats remain, and again at the end of 7 days. Assuming Pagonis does not comply within the 7 day window, how long would you expect before the court would reach a conclusion? Are we asking for an immediate injunction, prior to the court passing judgment? I'm assuming based on the request for declaratory relief that you concluded this violation may not pose such an immediate public threat that we could expect the court to grant an immediate injunction —am I interpreting this correctly? I would like to hear your thoughts on that, and get some suggestions as to how we might proceed in the future, as we have at least two additional similar situations occurring right now(at a lesser scale). The boating season typically runs only 3-4 months, maybe 5 months at the outside; it's frustrating to us as City staff that it may take the entire season to effectively prosecute a violator and gain compliance, while the neighbors see what they 7/12/2004