County supports City of Grand Marais in request for declaratory judgment
At the end of the county board meeting on Tuesday, May 8, the county board met in closed session to discuss potential litigation between the City of Grand Marais and Burbach Aquatics regarding a contract the city signed with Burbach years ago for Burbach’s services should the city pursue rehabbing its municipal pool or building a new one. Upon the advice of its attorney, the city has refrained from any involvement with the county’s community center project because Burbach contends that the city is still bound to its contract with this project.
After that closed session, County Attorney Tim Scannell wrote in a letter to City Administrator Mike Roth:
On Tuesday, May 8, 2012, the Cook County Board of Commissioners passed the following motions:
1. That Cook County needs the City of Grand Marais to participate in payment for costs of operation and maintenance of the planned new community center when the project goes forward.
2. That Cook County supports the City of Grand Marais’ Declaratory Judgment action against Burbach Aquatics and is willing to negotiate an offset of payments for costs of operation and maintenance of the community center to support the city’s lawsuit.”
This spring, the city council authorized City Attorney Chris Hood to seek a declaratory judgment from the court regarding the city’s contractual obligation to Burbach Aquatics.