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Home My WebLink AboutRE: court case HANSON LULIC 8C K�3ALL ATTORNEYS AT LAW SUITE 500 920 SECOND AVENUE SOUTH JON A. HANSON MINNEAPOLIS, MINNESOTA 55402-4032 MICHAEL M. CARTER JOSEPH F. LULIC TIMOTHY L. BLAKELY TONYR. KRALL MARKS. BROWN KEVIN J.KENNEDY (612) 333-2530 MARGARETK. ACKERMAN WILLIAM M. DRINANE FAX (612) 334-5955 NORMAN M. ABRAMSON E.CURTIS ROEDER KELLY C. DOHM ATTORNEYS ADMITTED IN MINNESOTA.WISCONSIN AND NEBRASKA July 12, 1996 Mr. Stephen Weckman City of Orono 2750 Kelley Parkway Orono, MN 55323 Re: Daniel Hoffman and Barbara Hoffman v. Ford Motor Company Court File No. 95-8293 Our File No. 14785 Dear Mr. Weckman: Please be advised that we represent Daniel Hoffman and Barbara Hoffman regarding the above-captionerl matter. We have subpoenaed you to testify at the trial which has been scheduled in a block setting July 29, 1996 to August 30, 1996. We are the 14th setting at the present time in the block. We ask that upon receipt of this subpoena you please contact our office and provide us with both your work and home phone numbers and any other pertinent contact numbers during that week. This will allow us to contact you as soon as possible and provide you with as much notice as possible when you will need to testify regarding the above-captioned matter. We will, of course, try to accommodate your schedule so please provide us with any dates that are conflicts during this time frame. Since we are the Plaintiff all of our witnesses will testify first. Since it is not known exactly when your testimony will be necessary, we wi�l contact you shortly before trial and advise you of a tentative schedule. Should you have any questions in the interim, please feel free to contact the undersigned or the attorney handling this matter Joseph F. Lulic. Sin ly, � ` � Pamela J. Lagermeier Paralegal PJB/klt -- - - - - - . .. --.--,�-� .-.� �.�,.�,�- -n--„-� __ ,.. . ,. - - - - - ��r-- -- -- - --- - __��.;�, _� T� __,...v:.-� �....:;�;-, � -- -- _- -- ...,- --= ..:; � �:..,� -,<.��, 1 �� 5305 �; �, � AFFIRMATIVE LEGAL SERVICES, INC. !�� 1313 - 5TH ST., SE, SUITE 324A � I'j MINNEAPOLIS, MN 55414 ! � "-'932 ` i DATE �� 9 � € I�i PAY ` m,j TO THE �,� % ORDER OF $ �� °'�II� / � l,/�� 17I1/$✓� IR�' �� DOLLARS B�„�,a.. i //►// Nonvest Bank Minnesota,N.A. 1' ��• IDS Center Otlice ` NORWESTBANKS ��South Seventh Street � I/I/I i�� //�// Minneapolis, MN 55402 � �� "� ; FOR ---�- —/—�L—��---- --"�' . ' ��'005305��' �:09 �0000 L9�: 09969 26 240��' � � , �^`� ..nn_� _—IL.. - — ... � " , �—"irm^�rnrn - = _�J _,'^_�ae2m�:'��-Il'^^^ ..... . .� .. .��' ...tla^'�^namr'.-ia�..... ��_ .�-�-mm�^.^fr:n.� , HC-3751 (5/95) SUBPOENA Subpoena(Criminal,Civil,Deposition,Duces Tecum) (ORDER TO APPEAR) M.S.357.22&24 State of Minnesota District Court County Judicial District Case No. Hennepin County Fourth District ;F';.> J,_':==--; PLAINTIFF DEFENDANT V WITNESS DEPOSITION xAME NOTE:Rule 45.04 of Rules of Civil Procedure requires proof of service of .; c;e.i.;E� i':::.': notice to take a deposition prior to issuing a subpoena for a deposition. ADDRESS zIP � DUCES TECUM You are hereby commanded to appear as a witness to give testimony on the date,time and place indicated below,and from time to time thereafter YOu are commanded to produce the following items,records or documents: as may be required. }. . _ DATE . ., _ �� TIME �;�-�� nnnxEss 3b e �avid M. Du�� pin County Cour�' ;;��:1 South Sixth �tr � ;';�;irc;�om C1357 �`'.�.._ .. :.i�- �:ti '4:5- =y �J WITNESS FUR �PLAINTIFF ❑DEFENDANT TYPE OF CASE p CIVIL ❑CRIMINAL ❑JUVENILE Person requesting NAME subpoena -_ . , . ` �' _ ._ , UPON RECEIPT OF THIS SUBPOENA,PLEASE CALL: � SCHEDULE ATTACHED WARNING: FAILURE TO OBEY A SUBPOENA WITHOUT BEING EXCUSED IS A CONTEMPT OF COURT. WITNESS, Mark S. Thompson ,Administrator of the above named Court, > ' � 'r.- _:� :;E� and the seal thereof this - day of ` , 19 . (SEAL) Mark S. Thompson Court Administrator i�-'- ;sK,y._ , _'-�.� _- �---- __ _. /� Deputy Court Use Only RETURNED AND FILED 19 ,By Court Administrator/Deputy WMTNESS' COPY HC 3i�? atl:k E3�Si�+i? , , SUBPOENA INFORMATION �� PLEA�E READ CAREFULLY V A subpoena may be served by the sheriff,by his deputy,or any other person who is not a par#y.Service of a subpoena � upon a person named therein shali be made by delivering a copy thereof to such a person or by leaving a copy at his w usual place of abode with some person of suitabie age and discretion then residing therein.(Rule 45.03, Rules of Civil va Procedure) The fees to be paid to witnesses shall be as follows: (M.S. 357.22)(357.24)(257.241) (1)For attending in any action or proceeding in any court of record or before any officer, person or board authorized to take the examination of witnesses, $20 for each day; � (2}Far travel in going to and returning from the place of attendance, to be estimated from his residence, if within the W state, or from the boundary line of the state where he crossed the same, if from out of state, 28 cents per mile. LL Civil Case: No person is obliged to attend as a witness in any civil case unless one day's attendance and travel fees are paid or tendered him in advance. Criminal or Juvenile Case: When the subpoena is issued on behalf of the state of Minnesota or an officer or agency thereof, fees and mileage need not be tendered in advance. Check the front of this subpoena to determine whether you were subpoenaed by the State or Defendant.Then refer to the appropriate section beiow. IF YOU WERE SUBPOENAED BY THE STATE, COMPLETE THIS SECTION: To receive payment as a witness for the State, you must complete the following certificate, have#he prosecutor sign it, and then take the subpoena to the Court Administrator's office, after you testify. Payment will be mailed as soon N as possible. N W 1 certify that I attended as a witness for the State on the following date{s)_ Z — H ,—.,y —__ _—... , 19___....__..___, and that 1 traveled __miles round trip W for attendance on the above date(s). H � I certify that the attendance of this witness was necessary. _....._— ______ _ � PROSECUTING ATTORNEY Date___ _.--___.._._ . , 19 Address Signature _.__ ___ City, State, Zip—_-_.___ __— __-- —..__..._. __ IF YOU WERE SUBPOENAED BY THE DEFENDANT, COMPLETE THIS SECTION: To request payment as a witness for the Defendant, complete the following certificate and give this subpoena to the �y defendant's attorney. � W I certify that I attended as a witness for the Defendant on the following date(s) Z �~ , 19____ , and that 1 traveled__.— miles round trip _..... __,._— --- - W for attendance on the above date(s). N WDate—_-- -, 19 _.._— Address__....__.— _ ---.._ -_---._.. W Signature_ _ City, State, Zip _ � Court approval far Defense witness: Court approval for Parent/Guardian accompanying Juvenile: _.. _(See NOTES below) PLEASE NOTE: Minnesota Law also provides that witnesses for the Defendant, if the court orders payment of witness fees, and all witnesses for the State, shall receive reasonable expenses actually incurred for meals, loss of wages, and child care not to exceed $40 per day. Appfication for these incurred expenses, if any, should be made at the Court Administrator's office after you appear. If approved, expenses will be included and mailed with your witness fees and mileage. (357.24}(357.241) PLEASE NOTE: In any proceeding where a parent or guardian attends the proceeding with a minor witness and the parent or guardian is not a witness, one parent or guardian shall be compensated in those cases where witness compensation is mandatory under sections 357.22, 357.24, or 357.241, and may be compensated at the discretion of the judge when the minor is a witness on behalf of a defendant in a criminal case or on behalf of a juvenile in a juvenile court proceeding.The court shall award no more than a combined total of$40 to the parent or guardian and the minor witness. {M.S. 357.242) PLEASE NOTE: A witness who is not a party to the action or an employee of a party [except a person appointed pursuant to Rule 30.02(6)j who is required to give testimony or produce documents relating to a profession, business or trade is entitled to reasonable compensation for the time and expense involved in preparing for and giving such testimony or producing such documents.The party serving the subpoena shall make arrangements for such reasonable compensation prior to the time of taking such testimony. Rule 45.06, Fees_ __ __ OFFICE Certified to the Auditor for payment ________ ___— , 19_______— Miiea9e ___ USE Expense ONLY — —_._ __....--- -- _.. _ Tota�S__.._--- —_.__ ___ _._ Caurt Administrator/Oeputy SCHEDULE A You are required to produce all documentation in your possession at the time of trial regarding the removal and replacement of the septic system at the Daniel and Barbara Hoffman residence located at 1135 Heritage Lane, Wayzata, MN after a fire that occurred on January 19, 1993. You are also further required to produce any and all local ordinances, statutes, city minutes, councilmen meeting records, correspondence, lab reports, and tests requiring the moving of the septic system at the Daniel and Barbara Hoffman residence. § 10 . 56 R. Sewage Treatment. Any premises used for human .� occupancy must be provided with an adequate method of sewage . treatment per Municipal Code Section 12.30. On-site sewage treatment systems must be setback from the Ordinary High Water Level in accordance with the setbacks contained in Section 10.56, Subdivision 16 (C). Non-conforming sewage treatment systems shall be regulated and upgraded in accordance with Subd. 17 of this ordinance. S. Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. Subd. 17. Nonconformities. All legally established nonconformities as of the date of this ordinance may continue subject to applicable State Statutes and as regulated elsewhere in the Orono Municipal Code. In shoreland areas, the following standards shall also apply: A. Construction on Nonconforming Lots of Record. Development or use of existing lots of record shall be regulated as set forth in Section 10 . 03 , Subdivision 6 of the Orono Zoning Code. B. Additions /Expansions to Nonconforming Structures. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements set forth in the Orono Zoning Code. Any deviation from these requirements must be authorized by a variance pursuant to provisions of the zoning chapter. C. Nonconforming Sewage Treatment Systems. A nonconforming sewage treatment system as defined in Section 12.30 and located within the Shoreland Overlay District must be upgraded and made conforming, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. Further, the nonconforming sewage treatment system provisions of Section 12. 30 shall apply to all shoreland areas . Subd. 18 . Subdivision/Platting Provisions. A. Land Suitability. Each lot created through subdivision, including Planned Unit Developments or Planned Residential Developments authorized elsewhere in the Zoning and Platting Codes, must be suitable in its natural state for the proposed use with minimal alteration. In analyzing the suitability of land for a specific use, the City sha 1 1 consider susceptibility to f looding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitabl.e for water- based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community. ORONO CC � 376-20 ( 2-24-92 � § 10.56 Subd. 5. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and fil ling of any shoreland areas; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this section and other applicable regulations. Subd. 6. Enforcement. The Zoning Administrator is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements ( including vio lations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required tor a regulated activity pursuant to Subdivision 10 of this section. Subd. 7. Classification of Public Waters. The public waters of the City of Orono have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Hennepin County, Minnesota: Protected Waters A. Natural Environment (NE ) Lakes OHWL Inventory I .D• # Lake Classen 974.5 ' 162-P . Dickey Lake 985 . 5 ' 161-W French Lake /� / ,,� 140-P -North=BasiF:s �I�T �'"�`/Qd�� -.�9:5�'`' Sewa.. .�_�_��r�-: � /�i�'�l �� 9 3 4.3 ' ��`"�".g T1/`.� ' 9 3 0. 0 ' South Basin: Lydiard Lake 970 . 9 159-P Lake Ratrina -- 154-P Wo lsfeld Lake (Medina) -- 157-P Protected Waters B. Recreational Development (RD) Lakes OHWL Inventory I.D- � Long Lake 944.3 ' 160-P Mooney Lake 988 .0 ' 134-P Tanager Lake 929.4� 141-P Hadley Lake (Plymouth) 961.4 109-P Protected Waters C. General Development (GD) Lakes OHWL Inventory I.D. # Forest Lake 929. 4' 139-P Lake Minnetonka 929.4' 133-P D. Tributary Streams Painters Creek Stubbs Bay Creek Long Lake Creek , Wolsfeld Creek � � ; Dickey Lake Creek �- ORONO CC 376-6 � 2-24-92�