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<br />"" <br /> <br /> <br />LMC <br /> <br />145 University Avenue West, S1. Paul, MN 55103-2044 <br />phone: (612) 281-1200 · (800) 925-1122 <br />Fax: (612) 281-1299 · TDD (612) 281-1290 <br /> <br />League of Minnesota Cities <br />Cities promoting exceHence <br /> <br />July 31, 1998 <br /> <br />~.~ <br />f'"(;;r .-' <br /> <br />Margaret A. Egan, Finance Director <br />City of New Brighton <br />803 Old Hwy. 8 <br />New Brighton, MN 55112-2792 <br /> <br />RE: TrustMember: City of New Brighton <br />Claimant: Speedway SuperAmerica LLC <br />BRS File: 11023646 <br /> <br />~ <br />~f'V <br /> <br />Dear Ms. Egan: <br /> <br />On behalf of the League of Minnesota Cities Insurance Trust (LMCIT), this letter will formally <br />acknowledge receipt of the lawsuit filed in Ramsey County District Court entitled "Speedway <br />SuperAmerica LLC, a Delaware company, Plaintiff-Petitioner, v. City of New Brighton, a <br />Minnesota municipal corporation, Defendant-Respondent". <br /> <br />Please be advised that I have assigned the handling of the defense of this case to the law firm of <br />Kennedy & Graven with offices at 470 Pillsbury Center, Minneapolis, MN 55402. Specifically, <br />Attorney James J. Thomson has been assigned the handling of this case. I have given that <br />attorney instructions to file a timely appearance on your behalf and to take those steps necessary <br />to protect your immediate interests. If you have any questions for Mr. Thomson, feel free to <br />contact him at 612-337-9300. <br /> <br />In general terms, Plaintiff alleges that the City has refused to act as required by law regarding <br />their site plan application and variance application for reconstruction of the SuperAmerica store. <br />Plaintiff asks the Court to issue a Writ of Mandamus compelling the City to approve the <br />applications and to issue a building permit to them, an injunction directing the City to approve <br />the applications and to issue a building permit to them, costs and disbursements, and such other <br />and further relief as the Court deems just and equitable. <br /> <br />I would specifically refer you to the Comprehensive Municipal Coverage form under Coverage <br />D. which states in part: <br /> <br />Coverage D. Land Use Or Development Litigation <br /> <br />AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER <br />