277553 WHITE - CITY CLERK n�����
PINK - FINANCE J
CANARY - DEPARTMENT G I T Y O F S A I N T ��u L COURCII ��,p� �
BLUE - MAYOR File N O.
City Attny/JTH � •
uncil Resolution
Presented By �
Referred To Committee: Date
Out of Committee By Date
WHEREA5, the City Attorney has been representing the Housing
and Redevelopment Authority in its litigation with Central Village,
Inc. , which action was commenced in July 1978; and
WHEREAS, the litigation has been scheduled for trial in the
month of November 1981, with trial time minimally estimated at
two weeks time; and
WHEREAS, Richard Zehring, as Assistant City Attorney, was
handling this file from inception of the suit to February, 1980,
when he entered private practice and is familiar with business
records and witness deposition aspects of the fi1e; and
WHEREAS, because of Mr. Zehring 's special knowledge of the
file and case, and the probability that James Hart could be a
witness rather than serve as counsel at trial, in the judgment of
the City Attorney, special circumstances exist for appointment of
Mr. Zehring as special counsel; and
WHEREAS, the City Attorney requests the City Council to appoint
Richard Zehring as special counsel to assist in the final preparation
for and trial of the Central Village litigation, now therefore be it
RESOLVED that Richard Zehring is hereby appointed as special
counsel to assist the City Attorney and at his direction, in the
trial of the matter of Central Village, Inc. , vs. Housing and
Redevelopment Authority and others and related consolidated cases
at a rate of $55 per hour not to exceed 150 hours except in the
event the actual trial may exceed two weeks time, such additional
hours as may be necessary to complete said trial.
COUNCILMEN
Yeas Nays Requestgd by Department of:
Hunt
Levine jil FBVOf
Maddox �/
McMahon Y/ B
Showalter __ Against Y —
Tedesco
Wilson O�� � '�al
Form Approv y City Att n
Adopted by C ouncil: Date —
Certified _ •ed by Coun � ecr r � BY
Ap o by 17ayor. D t ��CT 7 1981 Approved by Mayor for Submission to Council
By - — By
�►��:����� OCT 1 ? i981
} . �����
. �
���T•�. CITY OF SAINT PAUL
4� �
o � OFFICE OF THE CITY ATTORNEY
M iiii�i ii ii ;"
. „� EDWARD P. STARR, CITY ATTORNEY
•... 647 City Hall,Saint Paul,Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR
October 2, 1981
�t- � '�a--,�, � �� C�- a,�.
D �
To: Council President Ron Maddox and ,� �� �.
Georg cM hon, Finance Committee ,� ,�
From: EPS ��� � p
�V�V
Re: Central age, Inc. , vs. Housing and Redevelopm t � .
Authority of the City of Saint Paul, Minnesota and �
Barbara A. Goher and others Q_,,,��-� -A/
0""'� �`�'1/
This litigation involving James Milsap has been scheduled for trial
November 10, 1981. This office has also been advised of the
retention of Douglas Johnson as Milsap's trial counsel. As you
know, Dick Zehring who handled this file. through most of the pre-
trial discovery process is now in private practice as head of the
Saint Paul real estate practice section of the firm of Doherty,
Rumble & Butler.
Because of Dick's special knowledge of the file and because Jim
Hart will be called as a witness, T am requesting that the City
Council approve appointment of Dick as special counsel to assist
David Nord in representing the City and HRAs ' interests.
We estimate two weeks or 80 hours trial time and 70 hours trial
preparation time�will be required. While Dick's minimum billing
fee with the Doherty firm is $70 per hour, they have agreed to
a $55 per hour fee because of the special circumstances. The
minimum upset figure on this basis would be $8250 extended upwards
by any additional actual trial time as might occur. Jim Bellus
is amenable to HRA accepting half this expense. The balance
would be funded from the City Attorney's accounts. In view of
the interim charge of the Park Machinery Co. , settlement to City
Attorney rather than Public Works Department Budget, a subsequent
budget resolution may become necessary. For now, however, I
would appreciate your prompt consideration of this appointment
request, so that trial preparation may be begun.
cc: Mayor
Councilmembers
���;��
. . � ����.,�� ✓�� � ,.�,� ��i�!r,'� 4s , �,
�� i g f7�4
��_��. CITY OF SAINT PAUL
;�~ 'i� OFFICE OF THE CITY ATTORNEY
� iiui'ii°i �"
. „ EDWARD P. STARR, CITY ATTORNEY
,... 647 City Hall,Saint Paul,Minnesota 55102
612-296-5121
GEORGE LATIMER
MAYOR
October 2, 1981
To: Council President Ron Maddox and
Georg cM hon, Finance Committee
From: EPS
Re: Central age, Inc. , vs. Housing and Redevelopment
Authority of the City of Saint Paul, Minnesota and
Barbara A. Goher and others
This litigation involving James Milsap has been scheduled for trial
November 10, 1981. This office has also been advised of the
retention of Douglas Johnson as Milsap's trial counsel. As you
know, Dick Zehring who ;handled this file through most qf the pre-
trial discovery process is now in private practice as heac� of the
Saint Paul real estate practice section of the firm of Doherty,
Rumble & Butler.
Because of Dick's special knowledge of the file and because Jim
Hart will be called as a witness, I am requesting that the City
Council approve appointment of Dick as special counsel to assist
David Nord in representing the City and HRAs ' interests.
We estimate two weeks or 80 hours trial time and 70 hours trial
oreparation time�will be required. While Dick's minimum billing
fee with the Doherty firm is $70 per hour, they have agreed to
a $55 per hour fee because of the special circumstances . The
minimum upset figure on this basis would be $8250 extended upwards
by any additional actual trial time as might occur. Jim Bellus
is amenable to HRA accepting half this expense. The balance
would be funded from the City Attorney's accounts . In view of
the interim charge of the Park Machinery Co. , settlement to City
Attorney rather than Public Works Department Budget, a subsequent
budget resolution may become necessary. For now, however, I
would appreciate your prompt consideration of this appointment
request, so that trial preparation may be begun.
cc: Mayor
Councilmembers
��.;��