PRECA 05-04-1983 - Laserfiche WebLink

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Mr. James Winkels Page. Two May 18, 1983 ,However, it was my impression that the hearing on the motion went very well. I would be very much surprised if the Court were to enter an order in favor of the plaintiffs. It is possible, however, that the Court would enter an order. for summary judgment in favor of the defendants. In this case an order for summary judgment could not result in a final determination of all of the issues in this .suit. In .the amended complaint of the Improvement Association, seven causes of action are stated. Five of these deal with the validity of the sale of the land to Ramsey County. and the use of the sale proceeds by the City. Only these five issues were before the Court on the motion for ' summary judgment. The other two issues raised in the amended complaint have to do with environmental matters. Because these matters involve many disputed facts, they do not lend themselves to resolution by summary judgment. Therefore, if the Court were to enter an order for summary judgment in favor of defendants, it could only :dispose of five of the seven stated. causes of action. Although .this would-not result in a final determination of the merits of the case, it would weaken the plaintiffs' position considerably. .The entry of such an order in favor of the defendants is known as a partial summary judgment-since it does not dispose of all of the claims before the Court. Therefore, it may be .that such an order is 'not appealable to the Supreme Court by. the Improvement Association until a final. decision is reached on remaining issues. I will do the .additional research on this-issue if partial summary judgment is . ordered in favor of the defendants and plaintiffs attempt to appeal the order. Judge Flinn indicated from the bench that he would - be issuing an order om the motion in .the next week to 10 days. Very truly .yours, Charles L. LeFevere CLL:lr