Do Not Waive Your Right to Arbitrate
by David Hammargren
Employers may have a contractual right to arbitrate claims, but that right can be waived. In the context of an alleged wrongful termination, the United States Court of Appeals for the Eighth Circuit recently concluded that an employer had done just that – waived its right to arbitrate. Contractors and employers can learn a great deal from the court’s decision in Messina v. North Central Distributing, Inc. (dba Yosemite Home Décor), which would apply to any contractual dispute which involves an arbitration clause.
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Blight and Abandoned or Unattended Vehicles
by Inga Schuchard
Abandoned
motor vehicles constitute a hazard to the health and welfare of the people of
Minnesota. According to the state of Minnesota, and many local municipalities, abandoned
vehicles can harbor noxious diseases, furnish shelter and breeding places for
vermin, and present physical dangers to the safety and well-being of children
and other citizens. Minnesota law declares abandoned motor vehicles and other
scrap metals to be a blight on the landscape and a detriment to the
environment. Minn. Stat. § 168B.01. A “blight” is something detrimental to
the safety, health, morals, or welfare of the community. In April 2016, the
Minnesota Court of Appeals decided a matter concerning a vague municipal blight
ordinance, and reversed Renee Anita Vasko’s misdemeanor conviction of violating
the same. State v. Vasko, No. A15-1172, 2016 WL 1551666 (Minn. Ct. App. April
18, 2016).
News and Notes
Gary Van Cleve and Bryan Huntington successfully obtained summary judgment for a client terminating a lawsuit filed by the city of Rochester. The court ordered the dispute to binding arbitration under the terms of a prior settlement agreement between the client and the city. The underlying dispute concerns whether the client has the right to acquire certain excess lands now owned by the city as a result of past condemnation proceedings for various public projects.
Tim Rye resolved a property tax appeal in Brooklyn Park where highest and best use of the property was the central challenge. The settlement reduces the value of the property by 60 percent and will save our client more than $300,000 in property taxes for the years covered by settlement.
Dave Hammargren participated in a panel discussion conducted by the Minneapolis/St. Paul Business Journal concerning the design/build and construction markets. Click here to read a transcript of the discussion.
Tim Rye and Larkin Hoffman’s property tax appeal team completed a very busy property tax appeal season by filing 70 appeals on more than $550 million in real estate.
Small property tax appeals matter for businesses, too. Tim Rye settled a tax appeal, amounting to a $350,000 reduction in value on a property originally valued at $1.65 million. This 21 percent reduction in tax obligation saved the property owner and business owner approximately $65,000, which goes directly back to the bottom line.
On June 1, 2016, Dwight Benoy, a professional engineer with INSPEC, presented at Larkin Hoffman on the topic “Flat Roofs are Rotting.”
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Our Attorneys
Gary Van Cleve, chair
952-896-3277
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David Hammargren
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Paul Meyer
952-896-1525
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Tamara O'Neill Moreland
952-896-6711
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Rob Stefonowicz
952-896-3254
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James Susag
952-896-1572
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James Sander
952-896-1559
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Timothy Rye
952-896-1535
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Bryan Huntington
952-896-3370
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Inga Schuchard
952-896-1534
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