Tuesday, June 18, 2013

Temporary injunction once again halts school demolition

A temporary injunction filed by Griselda Cuomo and Linda Jervis has for a second time this year, third time overall, temporarily stopped the city from demolition of the former 1918 Kasson school. The injunction was filed in Dodge County District Court Friday, January 7.

Earlier this year Griselda Cuomo, Linda Jervis and Marlyn Schroeder filed a temporary injunction. Schroeder's name was not on the most recent injunction.

Two weeks ago Judge Joseph Wieners ruled in favor of the city of Kasson. In early May the plaintiffs filed a restraining order to block the city's plan for demolition. The city and plaintiffs also met in court to present their side to the judge.

According to the court document ruling in favor of the city the case was dismissed "for lack of subject matter jurisdiction. The temporary injunction is hereby vacated."

Attorney for the plaintiffs, Anthony Moosbrugger, filed the second restraining order. Representing the city is Shelley Ryan from the firm of Hoff, Barry & Kozar in Eden Prairie. The firm represented the city back in 2007 and when the restraining order was filed in May.

At the city council meeting last Wednesday city administrator Randy Lenth announced they are moving forward with demolition pending the most recent restraining order that was filed. Remediation of hazardous materials is set to begin soon.

Lenth noted that an inspection of the building Thursday, June 6 showed the south roof and wall continue to deteriorate significantly. A rafter has failed and the weight of the roof appears to be a problem, according to the city administrator's report. There will be an engineering inspection to determine if the street needs to be barricaded to protect...TO READ THE FULL STORY PURCHASE THE DCI TODAY!!!!! MULTIPLE LOCATIONS, SUBSCRIPTION, ONLINE EDITION.