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Thomas M. Sweeney George F. Borer Patrick J. Sweeney Robin D. Tourney Anne Spencer Sweeney, Borer & Sweeney Professional Association Attorneys at Law Suite 1200 386 North Wabasha Street St. Paul, Minnesota 55 102 December 11, 1998 VTA FACSIMTT,E ANA TJ.S. Mr. Joel R. Hanson City Administrator 515 Little Canada Road Little Canada, M(N 55117 MATT. RE: Doris and Dennis Klein vs. City of Little Canada Our File No. 7249 Dear Joel: Telephone (651) 222 -2541 Facsimile (651) 223.5289 We are extremely pleased to advise you that at the conclusion of the Plaintiffs' case, at trial on December 4, 1998, Judge Gearin granted the City's motion and dismissed the Kleins' claims against the City with prejudice. As you lmow, Judge Gearin had previously granted our motion for summary judgment dismissing six of the seven claims brought against the City. The issues remaining for trial were whether the City's delay in assessing the property was inexcusable and what, if any, damages the Klein suffered as a result. At the trial, the Plaintiffs' only witness was Doris Klein. As part of the Plaintiffs' case, I introduced several Exhibits supporting the City's position. Once the Plaintiffs rested their case, I brought a motion to dismiss their claim on the basis that they had failed to prove that they had any right to relief. I also submitted a legal memorandum in support of this argument. The Kleins have ninety days from the entry of judgment to appeal Judge Gearin's decision. As usual, we will be taxing costs and disbursements incurred by the City relative to this matter. In addition, because of the uniqueness of this case, we will ask Judge Gearin to consider awarding attorneys' fees against the Plaintiffs. We will keep you posted. We thank you for your excellent assistance in this matter, without which we would not have obtained this positive result. If anyone has questions, please contact me. RECEIVED ^1 1 PJS /cp PAGE 4