DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Authorization Of Settlement Of Claims By Ginnie Weyerhaeuser Arising From County Project 8-21 In City Of West St. Paul
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PURPOSE/ACTION REQUESTED
Hold a closed executive session.
SUMMARY
The Dakota County Attorney has advised that prior to closing a County Board meeting, pursuant to the Open Meeting Law, Minn. Stat. Ch. 13D, the County Board must resolve by majority vote to close the meeting.
RECOMMENDATION
recommendation
The County Manager has recommended that a closed executive session be held pursuant to attorney-client privilege during the Dakota County Board meeting of January 24, 2023, to discuss the following:
* the legal strategy of defending against Ginnie Weyerhaeuser, as Trustee of the Revocable Trust of Ginnie Weyerhaeuser.
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EXPLANATION OF FISCAL/FTE IMPACTS
Fiscal impact will be discussed in closed session.
? None ? Current budget ? Other
? Amendment Requested ? New FTE(s) requested
RESOLUTION
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WHEREAS, in 2019, Dakota County performed County Project 8-21 (Project) to improve County State Aid Highway (CSAH) 8 from CSAH 63 (Delaware Avenue) to Humboldt Avenue in the City of South St. Paul; and
WHEREAS, to accomplish the Project, the County acquired certain easements from Parcel 1, owned by Ginny Weyerhaeuser, as Trustee of the Revocable Trust of Ginnie Weyerhaeuser (Landowner); and
WHEREAS, after completion of the Project, the Landowner alleged certain claims against the County concerning encroachment and design of the pedestrian trail installed as part of the Project; and
WHEREAS, Dakota County and the Landowner have negotiated a proposed settlement of all claims; and
WHEREAS, having examined the facts and the law, and taking into consideration the uncertain outcome of litigation and potential liability in this matter as weighed against the desirability of achieving finality, a se...
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