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LMC <br />League of Minnesota Cities <br />Cities promoting excellence <br />145 University Avenue West, St. Paul, MN 55103 -2044 <br />Phone: (651) 281 -1200 • (800) 925 -1122 <br />TDD (651) 281 -1290 <br />LMC Fax: (651) 281 -1299 • LMCIT Fax: (651) 281 -1298 <br />Web Site: http: / /www.lmnc.org <br />May 16, 2003 LMCIT Fax: 651.281.1298 <br />Direct Dial: 651.281.1268 <br />Mr. Joel Hanson <br />City Administrator <br />515 Little Canada Road East <br />Little Canada MN 55117 <br />RE: Great Western Corp. v. City of Little Canada <br />Our File No: 1703 <br />Dear Mr. Hanson: <br />Enclosed with this letter is Judge Finley's Findings of Fact, Conclusions of Law, and Order for <br />Judgment. The long and the short of it is that Judge Finley tracks our proposed Findings exactly. In <br />addition, in the Findings of Fact portion he adds some information concerning Exhibit numbers that <br />make his Order practically unappealable. This is not to suggest that Great Westem and Great <br />Western's attorney, Dale Swanson, will not appeal it, it just means that it will be difficult if not <br />impossible for them to prevail on appeal. <br />The amount that the City of Little Canada owes to Great Western is $1,801.94. This is pursuant to the <br />terms of its construction contract and accordingly that amount should be paid by the City of Little <br />Canada. Please make a draft in that amount payable to Great Western Corporation and its attorney <br />Dale Swanson. Please forward that to me and I will immediately forward it to Plaintiff's counsel <br />together with a Satisfaction of Judgment. Because this amount is substantially less than the Conciliation <br />Court Judgment in favor of Plaintiff, we are the prevailing party and will tax our costs and <br />disbursements in the amount of $1,112.04. It is up to the Court to determine whether we are entitled to <br />all of those costs or only a portion of them. If all goes well, we will end up with a cost judgment against <br />Great Western Corporation in the amount of $1,112.04, which we intend to pursue and collect. <br />Finally, I want to thank you, Greg Schroeder, and Kevin Newman for your patience in our <br />representation of the City in this matter. I also want to applaud you and the City for having the courage <br />to stand up, even when the financial benefit to doing the right thing, may be outweighed by the financial <br />cost. If more cities stood up to contractors like Great Western and refused to pay more than what they <br />AN EQUAL OPPORTUNITY /AFFIRMAI IVE ACTION EMPLOYER <br />