Preview
27-CV-24-8377
Filed in District Court
State of Minnesota
5/20/2024 10:26 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: Contract
Solhem LLC, Court File No.: ________________
Plaintiff,
vs. COMPLAINT
4600 Lake Road Group, LLC,
Defendant.
Plaintiff, for its Complaint against Defendants, states and alleges as follows:
1. Plaintiff Solhem LLC (“Solhem”) is a limited liability company organized and
existing under the laws of the State of Minnesota with a registered address of 2609 Burnham Road,
Minneapolis, MN 55416, and principal place of business of 724 North 1st Street, Suite 500,
Minneapolis, MN 55401-2880.
2. Defendant 4600 Lake Road Group, LLC (“4600 Lake Road Group”) is a Delaware
limited liability company doing business in Minnesota and registered with the Minnesota Secretary
of State as a foreign limited liability company with a registered address and principal place of
business of 4450 Excelsior Boulevard, Suite 400, St. Louis Park, MN 55416.
3. Nicholas Walton is Manager of 4600 Lake Road Group.
4. The Court has jurisdiction over this matter under Minnesota law, including Minn.
Stat. § 484.01.
5. Pursuant to Minn. Stat. § 542.09, venue in this Court is proper because 4600 Lake
Road Group’s registered address and principal place of business are located in Hennepin County
Minnesota.
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27-CV-24-8377
Filed in District Court
State of Minnesota
5/20/2024 10:26 AM
BACKGROUND FACTS
6. Upon information and belief, 4600 Lake Road Group is the record owner of that
certain real property located in Hennepin County, Minnesota, commonly known as 4600 Lake
Road, Robbinsdale, MN, which real property consists of 118 apartments, which apartments are
collectively known as “The Reeve”.
7. On August 1, 2022, Solhem and 4600 Lake Road Group entered into a Management
and Operating Agreement in which 4600 Lake Road Group contracted with Solhem to manage
and operate The Reeve (the “Agreement”). A true and correct copy of the Agreement is attached
hereto as Exhibit A.
8. The Agreement was signed by Nicholas Walton, Manager of 4600 Lake Road
Partners LLC, a Minnesota limited liability company, as Manager for 4600 Lake Road Group.
9. Nicholas Walton is Manager of 4600 Lake Road Partners LLC.
10. Pursuant to Paragraph 9.6 of the Agreement, all notices to the Owner, 4600 Lake
Road Group, shall be served on Nicholas Walton and Anne Stephenson at Reuter Walton
Development, 4450 Excelsior Blvd., Suite 400, St. Louis Park, MN 55416.
11. Reuter Walton Development, LLC is a limited liability company organized and
existing under the laws of the State of Minnesota with a registered address and principal place of
business of 4450 Excelsior Boulevard, Suite 400, St. Louis Park, MN 55416.
12. Nick Walton is Manager of Reuter Walton Development, LLC.
13. The original term of the Agreement ran from August 1, 2022, through September
30, 2023, and thereafter on a month-to-month basis until termination of the Agreement by either
party.
14. Pursuant to Paragraph 2.2(b), if the Agreement is terminated by 4600 Lake Road
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27-CV-24-8377
Filed in District Court
State of Minnesota
5/20/2024 10:26 AM
Group, compensation of $21,500 will be paid to Solhem.
15. 4600 Lake Road Group terminated the Agreement.
COUNT I
BREACH OF CONTRACT
16. Solhem incorporates all the preceding paragraphs herein.
17. Pursuant to the terms of the Agreement, because 4600 Lake Road Group terminated
the Agreement, Solhem is entitled to compensation in the amount of $21,500.00 from 4600 Lake
Road Group.
18. Solhem has repeatedly demanded payment from 4600 Lake Road Group, but 4600
Lake Road Group has failed and refused to pay Solhelm the termination fee of $21,500.
19. 4600 Lake Road Group breached the Agreement by failing to pay Solhelm the
termination fee.
20. Solhem is entitled to judgment against 4600 Lake Road Group for damages in the
amount of $21,500.00, plus interest accruing thereon at the highest rate allowed by law, and
Solhelm’s costs and disbursements as allowed by law.
COUNT II
ACCOUNT STATED
Solhelm re-alleges each and every matter in Count I of its Complaint.
21. Solhelm has sent billing statements and/or demands for payment to 4600 Lake Road
Group indicating the amounts still owed under the Agreement.
22. 4600 Lake Road Group has never objected to such billing statements, nor objected
to or questioned the charges stated thereon.
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27-CV-24-8377
Filed in District Court
State of Minnesota
5/20/2024 10:26 AM
23. 4600 Lake Road Group retained Solhelm’s billing statement(s) for more than a
reasonable period to raise an objection with respect to the form and substance thereof or the charges
therein.
24. An account has been stated between Solhelm and 4600 Lake Road Group in the
amount of $21,500, plus interest accruing thereon at the highest rate allowed by law, and costs and
disbursements allowed by law.
25. Solhelm is entitled to judgment against 4600 Lake Road Group for the termination
fee of $21,5090, plus interest accruing thereon at the highest rate allowed by law, and costs and
disbursements allowed by law.
COUNT III
UNJUST ENRICHMENT
Solhelm re-alleges each and every matter in Counts I and II.
26. 4600 Lake Road Group knowingly induced Solhem to provide services as the
operator of The Reeve.
27. Pursuant to the Agreement with 4600 Lake Road Group, and at its request, Solhem
has provided services to 4600 Lake Road Group for which Solhem is entitled to compensation.
28. Solhem has a reasonable expectation of receiving this compensation, and 4600
Lake Road Group will remain unjustly enriched if it is allowed to enjoy the benefits of Solhem’s
services without compensating Solhem therefor.
29. The reasonable value of the compensation is $21,500.
30. Despite demand, 4600 Lake Road Group has failed to pay such indebtedness to
Solhem.
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27-CV-24-8377
Filed in District Court
State of Minnesota
5/20/2024 10:26 AM
31. Solhem is entitled to a judgment against 4600 Lake Road Group the amount of
$21,500.00, for the benefit they have received from Solhelm for which payment has not been made,
plus interest thereon at the highest rate allowed by law.
COUNT IV
QUANTUM MERUIT
Solhelm re-alleges each and every matter in Counts I, II, and III of its Complaint.
32. On information and belief, 4600 Lake Road Group is the fee owner of The Reeve.
33. Solhelm furnished labor and services to The Reeve and to 4600 Lake Road Group,
at the request of 4600 Lake Road Group, and with its knowledge, without objection.
34. Plaintiff has a reasonable expectation of receiving compensation and 4600 Lake
Road Group may not be allowed to keep the benefit of Solhelm’s labor and services without
compensating Solhelm therefor.
35. Solhem is entitled to judgment in quantum meruit against 4600 Lake Road Group
for the reasonable value of the labor and services Solhelm provided to The Reeve and 4600 Lake
Road Group in the amount of $21,500, plus interest thereon at the highest rate allowed by law.
WHEREFORE, Solhem demands judgment against 4600 Lake Road Group as follows:
1. Adjudging the amount due Solhem from 4600 Lake Road Group to be the sum of
$21,500.00, plus interest thereon at the highest rate allowed by law, and Solhelm’s costs and
disbursements incurred herein; and
2. For such other and further relief as the Court deems just and equitable.
14 2024.
Dated: May _____, LAW OFFICE OF PAUL HAIK
/s/ Paul R. Haik
By:____________________________
Paul R. Haik, ID #158896
4069 Rocky Shores Drive
Tampa, FL 33603
Telephone: (612) 333-7400
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27-CV-24-8377
Filed in District Court
State of Minnesota
5/20/2024 10:26 AM
Email: phaik@haik.com
ATTORNEY FOR PLAINTIFF
ACKNOWLEDGMENT
The undersigned acknowledges that costs, disbursements, and reasonable attorneys’ and
witness fees may be awarded to the opposing party pursuant to Minnesota Statutes Section
549.211, Subdivision 2.
/s/ Paul R. Haik
__________________________________
Paul R. Haik, ID #158896
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27-CV-24-8377
Filed in District Court
State of Minnesota
5/20/2024 10:26 AM
VERIFICATION
195102 Cmufiwi; . being first duly swom upon oath, deposes and
states that he is the LPC of Solhem. LLC. Plaintiff in the above-entitled action, and
that he hifi read the foregoing Complaint. knows the contents thereof and that the same is true and
correct. except as to those matters therein stated on infomation and belief and as to those matters,
believes them to be true. ,
By: %'
Signature
Pm
'
Print Name: é-tXSRA v.9
STATE OF MINNESOTA )
.
) ss.
COLNTY OF )
H;nng?ih
The foregoing instrument was acknowledged before me, a notary public, this lj
day of
J
H' a o, . 2024. by Pam UM'IZI-WD [Narne of 0mm], the
C. FC [Elle oodmoa] of Solhem, LLC, a limited liability company
organized and existing under the laws of Minnesota, on behalf of the company.
WWW
/'l L
CYNTHIA MAHLENE KIENITZ
f Notary Public-Minnesota
l 7W'l
' My Comm Emu" Jan 31, 2027 Nhtiiyv Public
L
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Preview
27-CV-24-8377 Filed in District Court State of Minnesota 5/20/2024 10:26 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: Contract Solhem LLC, Court File No.: ________________ Plaintiff, vs. COMPLAINT 4600 Lake Road Group, LLC, Defendant. Plaintiff, for its Complaint against Defendants, states and alleges as follows: 1. Plaintiff Solhem LLC (“Solhem”) is a limited liability company organized and existing under the laws of the State of Minnesota with a registered address of 2609 Burnham Road, Minneapolis, MN 55416, and principal place of business of 724 North 1st Street, Suite 500, Minneapolis, MN 55401-2880. 2. Defendant 4600 Lake Road Group, LLC (“4600 Lake Road Group”) is a Delaware limited liability company doing business in Minnesota and registered with the Minnesota Secretary of State as a foreign limited liability company with a registered address and principal place of business of 4450 Excelsior Boulevard, Suite 400, St. Louis Park, MN 55416. 3. Nicholas Walton is Manager of 4600 Lake Road Group. 4. The Court has jurisdiction over this matter under Minnesota law, including Minn. Stat. § 484.01. 5. Pursuant to Minn. Stat. § 542.09, venue in this Court is proper because 4600 Lake Road Group’s registered address and principal place of business are located in Hennepin County Minnesota. 1 27-CV-24-8377 Filed in District Court State of Minnesota 5/20/2024 10:26 AM BACKGROUND FACTS 6. Upon information and belief, 4600 Lake Road Group is the record owner of that certain real property located in Hennepin County, Minnesota, commonly known as 4600 Lake Road, Robbinsdale, MN, which real property consists of 118 apartments, which apartments are collectively known as “The Reeve”. 7. On August 1, 2022, Solhem and 4600 Lake Road Group entered into a Management and Operating Agreement in which 4600 Lake Road Group contracted with Solhem to manage and operate The Reeve (the “Agreement”). A true and correct copy of the Agreement is attached hereto as Exhibit A. 8. The Agreement was signed by Nicholas Walton, Manager of 4600 Lake Road Partners LLC, a Minnesota limited liability company, as Manager for 4600 Lake Road Group. 9. Nicholas Walton is Manager of 4600 Lake Road Partners LLC. 10. Pursuant to Paragraph 9.6 of the Agreement, all notices to the Owner, 4600 Lake Road Group, shall be served on Nicholas Walton and Anne Stephenson at Reuter Walton Development, 4450 Excelsior Blvd., Suite 400, St. Louis Park, MN 55416. 11. Reuter Walton Development, LLC is a limited liability company organized and existing under the laws of the State of Minnesota with a registered address and principal place of business of 4450 Excelsior Boulevard, Suite 400, St. Louis Park, MN 55416. 12. Nick Walton is Manager of Reuter Walton Development, LLC. 13. The original term of the Agreement ran from August 1, 2022, through September 30, 2023, and thereafter on a month-to-month basis until termination of the Agreement by either party. 14. Pursuant to Paragraph 2.2(b), if the Agreement is terminated by 4600 Lake Road 2 27-CV-24-8377 Filed in District Court State of Minnesota 5/20/2024 10:26 AM Group, compensation of $21,500 will be paid to Solhem. 15. 4600 Lake Road Group terminated the Agreement. COUNT I BREACH OF CONTRACT 16. Solhem incorporates all the preceding paragraphs herein. 17. Pursuant to the terms of the Agreement, because 4600 Lake Road Group terminated the Agreement, Solhem is entitled to compensation in the amount of $21,500.00 from 4600 Lake Road Group. 18. Solhem has repeatedly demanded payment from 4600 Lake Road Group, but 4600 Lake Road Group has failed and refused to pay Solhelm the termination fee of $21,500. 19. 4600 Lake Road Group breached the Agreement by failing to pay Solhelm the termination fee. 20. Solhem is entitled to judgment against 4600 Lake Road Group for damages in the amount of $21,500.00, plus interest accruing thereon at the highest rate allowed by law, and Solhelm’s costs and disbursements as allowed by law. COUNT II ACCOUNT STATED Solhelm re-alleges each and every matter in Count I of its Complaint. 21. Solhelm has sent billing statements and/or demands for payment to 4600 Lake Road Group indicating the amounts still owed under the Agreement. 22. 4600 Lake Road Group has never objected to such billing statements, nor objected to or questioned the charges stated thereon. 3 27-CV-24-8377 Filed in District Court State of Minnesota 5/20/2024 10:26 AM 23. 4600 Lake Road Group retained Solhelm’s billing statement(s) for more than a reasonable period to raise an objection with respect to the form and substance thereof or the charges therein. 24. An account has been stated between Solhelm and 4600 Lake Road Group in the amount of $21,500, plus interest accruing thereon at the highest rate allowed by law, and costs and disbursements allowed by law. 25. Solhelm is entitled to judgment against 4600 Lake Road Group for the termination fee of $21,5090, plus interest accruing thereon at the highest rate allowed by law, and costs and disbursements allowed by law. COUNT III UNJUST ENRICHMENT Solhelm re-alleges each and every matter in Counts I and II. 26. 4600 Lake Road Group knowingly induced Solhem to provide services as the operator of The Reeve. 27. Pursuant to the Agreement with 4600 Lake Road Group, and at its request, Solhem has provided services to 4600 Lake Road Group for which Solhem is entitled to compensation. 28. Solhem has a reasonable expectation of receiving this compensation, and 4600 Lake Road Group will remain unjustly enriched if it is allowed to enjoy the benefits of Solhem’s services without compensating Solhem therefor. 29. The reasonable value of the compensation is $21,500. 30. Despite demand, 4600 Lake Road Group has failed to pay such indebtedness to Solhem. 4 27-CV-24-8377 Filed in District Court State of Minnesota 5/20/2024 10:26 AM 31. Solhem is entitled to a judgment against 4600 Lake Road Group the amount of $21,500.00, for the benefit they have received from Solhelm for which payment has not been made, plus interest thereon at the highest rate allowed by law. COUNT IV QUANTUM MERUIT Solhelm re-alleges each and every matter in Counts I, II, and III of its Complaint. 32. On information and belief, 4600 Lake Road Group is the fee owner of The Reeve. 33. Solhelm furnished labor and services to The Reeve and to 4600 Lake Road Group, at the request of 4600 Lake Road Group, and with its knowledge, without objection. 34. Plaintiff has a reasonable expectation of receiving compensation and 4600 Lake Road Group may not be allowed to keep the benefit of Solhelm’s labor and services without compensating Solhelm therefor. 35. Solhem is entitled to judgment in quantum meruit against 4600 Lake Road Group for the reasonable value of the labor and services Solhelm provided to The Reeve and 4600 Lake Road Group in the amount of $21,500, plus interest thereon at the highest rate allowed by law. WHEREFORE, Solhem demands judgment against 4600 Lake Road Group as follows: 1. Adjudging the amount due Solhem from 4600 Lake Road Group to be the sum of $21,500.00, plus interest thereon at the highest rate allowed by law, and Solhelm’s costs and disbursements incurred herein; and 2. For such other and further relief as the Court deems just and equitable. 14 2024. Dated: May _____, LAW OFFICE OF PAUL HAIK /s/ Paul R. Haik By:____________________________ Paul R. Haik, ID #158896 4069 Rocky Shores Drive Tampa, FL 33603 Telephone: (612) 333-7400 5 27-CV-24-8377 Filed in District Court State of Minnesota 5/20/2024 10:26 AM Email: phaik@haik.com ATTORNEY FOR PLAINTIFF ACKNOWLEDGMENT The undersigned acknowledges that costs, disbursements, and reasonable attorneys’ and witness fees may be awarded to the opposing party pursuant to Minnesota Statutes Section 549.211, Subdivision 2. /s/ Paul R. Haik __________________________________ Paul R. Haik, ID #158896 6 27-CV-24-8377 Filed in District Court State of Minnesota 5/20/2024 10:26 AM VERIFICATION 195102 Cmufiwi; . being first duly swom upon oath, deposes and states that he is the LPC of Solhem. LLC. Plaintiff in the above-entitled action, and that he hifi read the foregoing Complaint. knows the contents thereof and that the same is true and correct. except as to those matters therein stated on infomation and belief and as to those matters, believes them to be true. , By: %' Signature Pm ' Print Name: é-tXSRA v.9 STATE OF MINNESOTA ) . ) ss. COLNTY OF ) H;nng?ih The foregoing instrument was acknowledged before me, a notary public, this lj day of J H' a o, . 2024. by Pam UM'IZI-WD [Narne of 0mm], the C. FC [Elle oodmoa] of Solhem, LLC, a limited liability company organized and existing under the laws of Minnesota, on behalf of the company. WWW /'l L CYNTHIA MAHLENE KIENITZ f Notary Public-Minnesota l 7W'l ' My Comm Emu" Jan 31, 2027 Nhtiiyv Public L 7