07-24-2023 Council Packet - Laserfiche WebLink

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DATE: July 18, 2023 TO: Mayor and City Council CC: City Staff / City Attorney / LMCIT FROM: Paul Donald Reuvers RE: City of Long Lake v. City of Orono Court File No. 27-CV-23-9758 ___________________________________________________________________________ My law firm has been retained through the League of Minnesota Cities Insurance Trust to represent the City of Orono (“Orono”) in this litigation. This memorandum will update you on the status of this litigation and provide our preliminary analysis of the legal issues and recommendations moving forward. The City of Long Lake (“Long Lake”) sued Orono, asserting various breach of contract claims. In summary, we do not believe any of the claims have any legal merit, and we view this litigation as more politically motivated. It is our legal opinion there has been no breach of contract and Orono’s decision to establish its own fire department has been open and transparent. Long Lake sought and the district court granted Long Lake’s Motion for a Temporary Injunction on July 14, 2023, which essentially maintains the status quo of the relationships between Orono and Long Lake during the pendency of this litigation. Importantly, the court made clear its order was not a decision on the merits of the case, and that will be sorted out in the litigation process. Instead, the court directed the parties to engage in mediation to avoid the cost and expense of litigation between two municipalities. We have agreed to utilize the services of retired Minnesota Supreme Court Chief Justice Kathleen Blatz to act as a mediator. We are coordinating with Long Lake’s counsel to set up mediation and hope to do so in the next 30-60 days. It is also significant the district court did not find Orono violated any of its contractual obligations. Quite frankly, it clearly has not. Orono has repeatedly confirmed it will abide by its contractual obligations, while taking the reasonable steps to construct and establish its own fire department. I want to make clear that despite the litigation and current order from the district court, Orono will be able to continue to hire personnel, acquire equipment, and take the steps necessary to establish its own fire department to serve this community, while vigorously defending this litigation initiated by Long Lake.