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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF ISANTI TENTH JUDICIAL DISTRICT
CASE TYPE: 14, Other Civil
City of Cambridge,
Court File No.: 30-CV-17-351
Plaintiff,
vs. XXXXXXXXX
PROPOSED ORDER
Roger Cottrell, Jennifer Cottrell, and
TKO Properties, LLP,
Defendants.
The above-entitled matter came on for hearing before the Honorable Amy R.
Brosnahan, Judge of the District Court of Isanti County, on June 1, 2020, at the Isanti
County Government Center, in the City of Cambridge, County of Isanti, State of
Minnesota, upon the motion of Plaintiff City of Cambridge, pursuant to Minn. Stat. §
588, for an order finding Defendants in contempt of the Court’s October 24, 2018, Order
that found Defendants in contempt of the Court’s April 10, 2018, Order granting
Plaintiff’s Motion for Summary Judgment. The hearing was held remotely due to the
pandemic. Steven R. Gershone, Esq., appeared on behalf of Plaintiff. Defendant Roger
Cottrell appeared pro se.
Upon all the files, records and proceedings herein, the Court having heard the
argument of counsel and being fully advised in the premises,
IT IS HEREBY ORDERED:
Defendants are hereby found in continuing contempt of the April 10, 2018, Order
requiring submission and implementation of a conforming parking site plan at 509 Main
Street in Cambridge.
Defendants are also found in contempt of the October 24, 2018, Order enjoining
them from operating an auto-oriented business with off-street parking out of compliance
with the requirements of the City Code.
The October 24, 2018, Order put Defendants on notice that further violation of the
Court’s Order will result in remedies determined by the Court. Therefore, Defendant is
ordered to pay a fine of $250.00, pursuant to section 588.10, for each day that Defendant
has been in contempt of this Court’s Orders. Based on the Declaration of Marcia
Westover, the Director of the Community Development Department of the City of
Cambridge, as confirmed by the photographs submitted, Defendants have been in
contempt of this Court’s orders on nine occasions: December 20, 2019; December 31,
2019; January 2, 2020; January 6, 2020; April 14, 2020; April 17, 2020; April 21, 2020;
April 24, 2020; and March 1, 2020. Defendant shall therefore pay a fine of $2,250.00
within 60 days of the date of this Order. Further contempt may be punishable by
additional fines.
LET JUDGMENT BE ENTERED ACCORDINGLY.
BY THE COURT:
Brosnahan, Amy (Judge)
2020.07.13 11:34:35
-05'00'
The Honorable Amy R. Brosnahan
Judge of District Court
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STATE OF MINNESOTA DISTRICT COURT COUNTY OF ISANTI TENTH JUDICIAL DISTRICT CASE TYPE: 14, Other Civil City of Cambridge, Court File No.: 30-CV-17-351 Plaintiff, vs. XXXXXXXXX PROPOSED ORDER Roger Cottrell, Jennifer Cottrell, and TKO Properties, LLP, Defendants. The above-entitled matter came on for hearing before the Honorable Amy R. Brosnahan, Judge of the District Court of Isanti County, on June 1, 2020, at the Isanti County Government Center, in the City of Cambridge, County of Isanti, State of Minnesota, upon the motion of Plaintiff City of Cambridge, pursuant to Minn. Stat. § 588, for an order finding Defendants in contempt of the Court’s October 24, 2018, Order that found Defendants in contempt of the Court’s April 10, 2018, Order granting Plaintiff’s Motion for Summary Judgment. The hearing was held remotely due to the pandemic. Steven R. Gershone, Esq., appeared on behalf of Plaintiff. Defendant Roger Cottrell appeared pro se. Upon all the files, records and proceedings herein, the Court having heard the argument of counsel and being fully advised in the premises, IT IS HEREBY ORDERED: Defendants are hereby found in continuing contempt of the April 10, 2018, Order requiring submission and implementation of a conforming parking site plan at 509 Main Street in Cambridge. Defendants are also found in contempt of the October 24, 2018, Order enjoining them from operating an auto-oriented business with off-street parking out of compliance with the requirements of the City Code. The October 24, 2018, Order put Defendants on notice that further violation of the Court’s Order will result in remedies determined by the Court. Therefore, Defendant is ordered to pay a fine of $250.00, pursuant to section 588.10, for each day that Defendant has been in contempt of this Court’s Orders. Based on the Declaration of Marcia Westover, the Director of the Community Development Department of the City of Cambridge, as confirmed by the photographs submitted, Defendants have been in contempt of this Court’s orders on nine occasions: December 20, 2019; December 31, 2019; January 2, 2020; January 6, 2020; April 14, 2020; April 17, 2020; April 21, 2020; April 24, 2020; and March 1, 2020. Defendant shall therefore pay a fine of $2,250.00 within 60 days of the date of this Order. Further contempt may be punishable by additional fines. LET JUDGMENT BE ENTERED ACCORDINGLY. BY THE COURT: Brosnahan, Amy (Judge) 2020.07.13 11:34:35 -05'00' The Honorable Amy R. Brosnahan Judge of District Court