27-CV-20-15946 Filed in District Court State of Minnesota 12/3/2020 1:52 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT ------------------------------------------------------ File No. Hollydale Land, LLC, Lakeview CASE TYPE: Civil Other Development Company, LLC, and Hollydale GC Development, Inc., Plaintiffs-Petitioners, SUMMONS v. City of Plymouth, Defendant-Respondent. ------------------------------------------------------ THIS SUMMONS IS DIRECTED TO: Defendant-Respondent City of Plymouth 1. YOU ARE BEING SUED. Plaintiffs-Petitioners have started a lawsuit against you. Plaintiffs-Petitioners’ Complaint against you is attached to this summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this summons. 2. YOU MUST REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 21 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this summons located at: 8300 Norman Center Drive, Suite 1000 Minneapolis, Minnesota 55437-1060 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to Plaintiffs-Petitioners’ Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe Plaintiffs-Petitioners should not be given everything asked for in the Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 21 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award Plaintiffs-Petitioners everything asked for in the complaint. If you do not want to contest 27-CV-20-15946 Filed in District Court State of Minnesota 12/3/2020 1:52 PM the claims stated in the complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the complaint. 5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case. 6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute. Dated: December 3, 2020 /s/ Gary A. Van Cleve Gary A. Van Cleve (156310) Bryan J. Huntington (395762) Larkin Hoffman Daly & Lindgren Ltd. 8300 Norman Center Drive, Suite 1000 Minneapolis, Minnesota 55437-1060 (952) 835-3800 [email protected] [email protected] Attorneys for Plaintiffs-Petitioners Hollydale Land, LLC, Lakeview Development Company, LLC, and Hollydale GC Development, Inc. 4842-0007-4195, v. 1 2. 27-CV-20-15946 Filed in District Court State of Minnesota 12/3/2020 1:52 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT ------------------------------------------------------ File No. Hollydale Land, LLC, Lakeview CASE TYPE: Civil Other Development Company, LLC, and Hollydale GC Development, Inc., Plaintiffs-Petitioners, VERIFIED COMPLAINT AND v. PETITION FOR WRIT OF MANDAMUS City of Plymouth, Defendant-Respondent. ------------------------------------------------------ Plaintiffs-Petitioners Hollydale Land, LLC, Lakeview Development Company, LLC, and Hollydale GC Development, Inc. (collectively, “Landowner” or “Applicant”), for their Verified Complaint and Petition for Writ of Mandamus (the “Complaint”) against Defendant-Respondent City of Plymouth (“City”), state and allege as follows: PARTIES 1. Hollydale Land, LLC is a Minnesota limited liability company owning property located in Plymouth, Minnesota previously used for operation of “Hollydale” golf course. Of relevance to this proceeding, the golf course was comprised of four parcels having the following PID numbers: 08-118-22-34-0014 (69.88 acres), 08-118-22-44-0057 (.72 acres); 08-118-22-43- 0002 (27.67 acres); and 08-118-22-31-0001 (59.25 acres) (an aggregate of 157.52 acres). These parcels are referred to collectively as the “Property.” The legal descriptions of these parcels are stated on Exhibit A, which is incorporated into and made a part of this Complaint. Hollydale Land, LLC is owned by the Richard Deziel family. 2. Lakeview Development Company, LLC is a Minnesota limited liability company 27-CV-20-15946 Filed in District Court State of Minnesota 12/3/2020 1:52 PM with its principal executive office situated at 10850 Old County Road 15, Suite 200, Plymouth, MN 55441. 3. Hollydale GC Development, Inc. (“Hollydale GC Development“) is a Minnesota corporation with its principal executive office situated at 10850 Old County Road 15, Suite 200, Plymouth, MN 55441. 4. The City is a municipal corporation organized under the laws of the State of Minnesota. The City is located in Hennepin County, Minnesota. JURISDICTION AND VENUE 5. This action arises under Minnesota Statutes Chapters 555 and 586. This action also arises under Article I, § 13 of the Minnesota Constitution. Accordingly, this Court has subject matter jurisdiction. 6. Venue in this Court is appropriate because the subject property is located in Hennepin County. FACTUAL BACKGROUND A. Characteristics of the Subject Property. 7. The vast majority of the Property (approximately 156.8 acres) is currently guided for P-I use (public/semi-public/institutional) under the City’s 2040 Comprehensive Plan (“Comp. Plan”). The remainder of the Property is guided LA-1 (living area 1). 8. The vast majority of the Property (approximately 156.8 acres) is currently zoned FRD (future restricted development). The remainder of the site is zoned RSF-1 (single-family detached 1). According to City staff, the FRD district “primarily serves as a ‘holding zone’ until a landowner or developer makes an application for development. At such time, the affected property is to be rezoned in accordance with the land use guiding designation.” 2. 27-CV-20-15946 Filed in District Court State of Minnesota 12/3/2020 1:52 PM 9. Schmidt Lake Road is situated immediately to the north of the Property. Old Rockford Road is situated immediately to the south. Holly Lane North abuts the property to the west. An aerial terrain map of the Property is attached as Exhibit B. 10. Under the P-I designation applicable to the Property through the City’s 2040 Comp. Plan, permitted uses of the Property include, but are not limited to: “schools, libraries, fire stations, community centers, public administrative offices and maintenance shops, places of worship, correctional facilities, nursing care and hospital facilities, and the like.” An excerpt from the Plymouth Land Use Plan declaring that these are “allow[ed]” uses in the P-I district is attached as Exhibit C. 11. At no time has the Property been guided or zoned as a green space. 12. At no time have members of the public had the legal right to access the Property without permission of the owner. Persons accessing the Property without permission are trespassers. 13. The Property is surrounded by residential development(s), including: 14. Multiple developments in the vicinity of the Property are zoned planned unit 3. 27-CV-20-15946 Filed in District Court State of Minnesota 12/3/2020 1:52 PM development (PUD), including the above-described Wyndemere Farms, Timbers Edge, and Courts of Nanterre. 15. There exist numerous sources of ambient noise in the area surrounding the Property, including: the Canadian Pacific Railway, Wayzata High School football stadium/athletic facilities, Providence Academy football stadium/athletic facilities, and road noise from Schmidt Lake Rd. B. The Deziel Family Owned and Operated the Hollydale Golf Course for Over Fifty-Five Years. 16. Richard Deziel began working in the family golf business at twelve (12) years old. By the time his parents constructed the Hollydale course in 1964, Richard was an active part of the operation. 17. Richard Deziel has worked in the golf industry for over fifty (50) years. In 1973, he and his wife Lynette began working at Shamrock Golf Course, another family-owned course. In 2006, Richard and Lynette Deziel began operating and managing the Hollydale course. They would continue to do so through the 2019 golf season. 18. Managing and operating a golf course is a grueling business. The Deziels worked from sunrise to sunset, seven days a week for nine months of the year. 19. Between the year 2000 and the year 2019, there were twenty-seven (27) separate occasions where the City updated guiding for real property outside of the ordinary ten (10)-year Comp. Plan update process required under Minnesota law. In at least ten (10) of these instances the guiding of real property was changed within two (2) years following a Comp. Plan update that was required by state law. 20. On March 7, 2006, Richard Deziel sent a letter to Ann Hurlburt, Community Development Director for the City of Plymouth. This letter was submitted as part of the 4. 27-CV-20-15946 Filed in District Court State of Minnesota 12/3/2020 1:52 PM periodic, statutorily-mandated Comp. Plan update process. The letter observed that the Deziels desired “to have the future use of our property [g]uided [r]esidential.” The letter noted that the Deziels had attended various comprehensive plan update meetings and expressed interest in a rezoning for residential development.