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Roger A. Jensen <br />James C. Erickson, Sr. *t <br />Caroline Bell Beckman <br />Charles R. Bartholdi <br />Mitchell W. Converse <br />Kari L. Quinn* <br />Carol A. Baldwin <br />Mark F. Gaughan <br />James C. Erickson, Jr. <br />Robert C. Bell t <br />Willard L. Converse t <br />LAW OFFICES OF <br />JENSEN, BELL, CONVERSE & ERICKSON, P.A. <br />1500 Wells Fargo Place <br />30 East Seventh Street <br />St. Paul, MN 55101 <br />Memo <br />'FO: Gerald Urban <br />FROM: Willard L. Converse and Caroline Bell Beckman <br />RE: Little Canada Dispute <br />DATE: January 8, 2007 <br />Telephone (651) 223 -4999 <br />Facsimile (651) 223 -4987 <br />* Also Admitted in Wisconsin <br />tOf Counsel <br />t Certified Civil Trial Specialist <br />Gerry, <br />We have reviewed Little Canada's administrator's memo to you, stating that their attorney has <br />advised Little Canada not to divulge the defenses that they think they have about running of the <br />six -year statute of limitations; that this is a part of their legal strategy. <br />Here is our legal position, and feel free to give Little Canada a copy of this: <br />1. Little Canada's action is subject to the six -year statute of limitations. <br />What are their possible defenses to this? <br />• Possible defense that the statute doesn't operate against governmental units. No. It has <br />long been the law of this state that statutes of limitations apply to municipal corporations, <br />whether they are suing in a sovereign or proprietary capacity. Batchelder vs. City of <br />Faribault, 212 Minn., 251, 3 N.W. 2d 778 (1942). <br />• Ignorance of a claim is not a defense to the running of the statute of limitations. City of <br />Coon Rapids vs. Suburban Engineering, Inc., 283 Minn., 151, 167 N.W. 2d, 493 (1969) <br />( "except in the case of fraud, ignorance of a cause of action will not prevent the running <br />of a statute.") <br />1 <br />