Moline Machinery v. City of Duluth

A Court has established, or “certified,” this case as a class action lawsuit against City of Duluth.

If you are a class member, you have legal rights and options before the Court decides whether the legal claims being made on your behalf are correct. The Notice explains all of these things.

District Court Judge Eric L. Hylden of the 6th Judicial District County of St. Louis, Minnesota is overseeing this class action lawsuit. The case is known as Moline Machinery, LLC et al. v. City of Duluth, Case No. 69DU-CV-21-1668. The parties that filed this lawsuit are called the “Plaintiffs,” and the company sued is City of Duluth (“City of Duluth” or the “Defendant”).

Plaintiffs allege the Defendant failed to follow Minnesota law and its own City Code to properly calculate fees charged for stormwater to owners of nonresidential properties, and for arbitrarily failing to assess the required fees to certain nonresidential properties.

The Plaintiffs also allege the Defendant arbitrarily undercharged certain nonresidential properties by failing to assess those properties the actual fees required by City Code. Plaintiff alleges the Defendant has instead unjustly and unfairly forced other owners of nonresidential property to pay the fees that should have been charged to the underpaying properties.

In a class action lawsuit, one or more people or entities or businesses called class representatives sue on behalf of others who have similar claims, all of whom together are a “class.” Individual class members do not have to file a lawsuit to participate in the class action lawsuit or be bound by the judgment in the class action. One court resolves the issues for everyone in the class, except for those who exclude themselves from the class.

No. The Court has not decided whether City of Duluth did anything wrong, or whether any class members are entitled to relief, so there is no money or other benefit available to the class and no guarantee that there ever will be. If money or benefits become available, class members may have to take other steps, such as submitting a claim form, in order to get their shares. If so, you will be notified of any additional steps you must take. You can say informed of the progress of this case by visiting this website or by calling 1-888-610-9397.

The Court has decided “class member” is defined as:

All persons and entities who paid stormwater service fees to the City of Duluth for non-residential structures from September 8, 2015, to the present, except for those who are exempt as described in FAQ 6.

Yes. This class excludes the owners of “waterfront” property who received “waterfront” designation BMP credits, or other discounts related to stormwater service fees before 2021, as identified on the document produced in this lawsuit with Bates number COD0003682, and any person or entity who paid the stormwater service fees for such properties. This class also excludes the owners of multi-family properties who paid stormwater service fees and any person or entity who paid such fees for multi-family properties. This class further excludes the City of Duluth, as well as the judge assigned to this case, any member of the judge’s immediate family, and any person or entity that has previously commenced and concluded a lawsuit against the City of Duluth arising out of the subject matter of this lawsuit.

(Note: The persons or entities identified in COD0003682, who are owners of “waterfront” property who received “waterfront” designation BMP credits or other discounts related to stormwater service fees before 2021, are identified by name or address in Attachment A accompanying the Notice.)

If you are still not sure if you are included, please review the detailed information contained in the Court's Order on Plaintiff’s Motion for Class Certification, or call the Notice Administrator’s toll-free telephone number at 1-888-610-9397.

Unless you exclude yourself, you are staying in the class, which means that you cannot sue, continue to sue, or be part of any other lawsuit relating to stormwater service overcharges against the City of Duluth.

It also means that all the Court’s orders will apply to you and legally bind you.

If you are a member of the class and you do nothing, you will remain a member of the class. You will be legally bound by all the decisions the Court makes. You will also have the opportunity to participate in any future settlements or judgments against the City of Duluth in the lawsuit. If the Plaintiffs obtain money or benefits, you may be entitled to a share. Regardless of the outcome of the lawsuit, if you do nothing, and thereby remain in the class, you will never be able to sue (or continue to sue) the City of Duluth about the legal claims in this lawsuit.

If you do not want to be legally bound by the terms of the lawsuit, or if you wish to pursue your own separate lawsuit against the City of Duluth, or if you do not want to be a class member, you must exclude yourself by completing and submitting a written request to the Notice Administrator stating your intent to exclude yourself from the class (an “Exclusion Request”). Your Exclusion Request must include the following:

1. Your name and address;
2. A statement that you want to be excluded from the class in Moline Machinery, LLC et al. v. City of Duluth; and
3. Your signature.

You may also obtain an Exclusion Request form here but must return that form to the Notice Administrator. You must mail your Exclusion Request, postmarked by March 18, 2024, to:

Moline Machinery v. City of Duluth
Exclusion Request
P.O. Box 5683
Portland, OR 97228-5683

No. If you exclude yourself, and the class is awarded money or benefits later, you will not be eligible to claim any of that money or benefits. You also will not be legally bound by the Court’s judgments if you exclude yourself. You will be able to sue (or continue to sue) the City of Duluth on your own about the legal claims that are involved in this lawsuit, now or in the future, assuming your legal claims are not time-barred or otherwise prohibited (you should consult your own lawyer to make such a determination).

No. Unless you exclude yourself, you give up the right to sue the City of Duluth for the legal claims that the lawsuit involves, and you will be legally bound by the judgment in this lawsuit. If you have a pending lawsuit against the City of Duluth, speak to your lawyer for that lawsuit immediately to determine whether you must exclude yourself from this lawsuit to continue your own lawsuit against the City of Duluth.

Yes, the Court has appointed Larson · King LLP and Trial Group North, PLLP as Class Counsel for the class. If you wish to remain a member of the class, you do not need to hire your own lawyer because Class Counsel is working on your behalf. You may enter an appearance through your own attorney if you so desire. If you wish to pursue your own case separate from this one, or if you exclude yourself from the class, these lawyers will no longer represent you. You will need to hire your own lawyer if you wish to pursue your own lawsuit against the City of Duluth.

If Class Counsel obtains money or benefits for the class, they may ask the Court for fees and expenses. You will not have to pay these fees and expenses. If the Court grants their request, the fees and expenses will either be deducted from any money obtained or paid separately by the City of Duluth.

If the lawsuit is not dismissed or settled, there may be a trial. To prevail in the lawsuit, Plaintiffs will have to prove their legal claims at a trial to be scheduled at a later date. During the trial, the judge and/or jury will hear evidence to determine whether Plaintiffs or the City of Duluth are right about the legal claims in the lawsuit. There is no guarantee the Plaintiffs will win any money or benefits for the class.

If there is a trial, you will not need to attend unless you choose to do so, or you are called as a witness. You and/or your own lawyer are welcome to attend at your own expense. If you are interested in attending, please check the website or call the toll-free number and ask to be kept informed of the trial schedule.

If Plaintiffs obtain money or benefits because of a trial, then members of the class will be notified about how to submit a claim to participate in a claims process. It is unknown how long this may take. Information will be posted here on the website as it becomes available. You can access the website whether you stay in the lawsuit or exclude yourself.

The Notice summarizes the lawsuit and your legal rights. More details are in the Court's Order on Plaintiff’s Motion for Class Certification. You can find a copy of the Class Certification Order, other Important Documents, and information about the current status of the lawsuit on this website. You may also contact the Notice Administrator toll-free at 1-888-610-9397 or by writing to:

Moline Machinery v. City of Duluth
Notice Administrator
P.O. Box 5683
Portland, OR 97228-5683

PLEASE DO NOT CONTACT THE COURT REGARDING THE NOTICE.