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Saturday, Apr. 30, 2016

Judge says no to Kolb Awaysis injunction

Monday, September 12, 2005

District Judge Don E. Courtney ruled Friday that Project AWAYSIS, a $30-million lakefront development project, should not be delayed because a Storm Lake man objects to relocation of the Kolb Memorial flower gardens and fountain located on city park property.

However, Judge Courtney also said Norman Kolb may be entitled to the two farms, the proceeds of which are used to maintain the flower gardens.

In his ruling, Judge Courtney said the temporary injunction that Norman Kolb of Storm Lake had requested is denied. That injunction requested that the City of Storm Lake be prevented from relocating the flower gardens to make way for Project AWAYSIS. The gardens and fountain are located at the site of the indoor water park.

Judge Courtney said there would be more harm in granting the injunction than the harm to Kolb if the injunction were not granted. The City of Storm Lake cited a minimum $3.8-million loss if construction were prevented from proceeding. Phase 1 construction, which includes the site of the Kolb Memorial Flower gardens, is scheduled to start next week.

Judge Courtney implied that he might favor Kolb's claim that the Kolb Trust and he is entitled to two 160-acre farms.

"The Plaintiff may be entitled to the alternative relief it seeks," Judge Courtney wrote in his opinion. "This court may find that the Trust has failed and the court could declare the existence of a resulting trust with the assets of the Trust fund reverting to the successors of the settlers. This would be an adequate remedy for the Plaintiff."

A one-day trial on the matter is set for 9:30 a.m. Oct. 18.

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