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Marktplatz lawsuit trial set for December

May 23, 2013
By Josh Moniz - Staff Writer , The Journal

NEW ULM - The trial dates in late December were set this week for the lawsuit in the ongoing legal battle over the Marktplatz Mall.

The trial will take place from Dec. 17 to Dec. 20 in Brown County District Court. Judge Robert Docherty has ordered that the court will not take up mediation proceedings between the two owners of the mall because the history of the case indicates it would be fruitless.

The lawsuit was filed by New Ulm Retail and Development, LLC. (NURD), the owning entity of the northern two-thirds of the mall, against Randy Danielson, the owner of the rest of the mall and the first mortgage on NURD's portion. NURD accuses Danielson of failing to provide proper document of the remaining balance of the mortgage and misusing the rents he collects from their side of the mall under the related Assignment of Rents document.

Danielson has denied the claims and accused NURD of attempting to bully him into settling the mortgage for less than its total amount.

The deadline for additional parties to join the lawsuit is expected to be set sometime this summer. The remaining legal filing deadlines ahead of the trial are expected to wrap sometime around September or November.

(Josh Moniz can be e-mailed at jmoniz@nujournal.com)

 
 

 

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