NURD-Danielson issue to be decided next week
NEW ULM – A long-running dispute between the two owners of the Marktplatz Mall is close to a decision after a trial in Brown County District Court this week.
On Wednesday, a trial hearing was held in a lawsuit filed by New Ulm Retail Development, LLC, against Randy Danielson and his firm, SEK Financial, LLC. Present were Danielson and his attorney, Sean Shiff, and Mike Dove, the attorney for Upper Midwest Management Corp., which was appointed as receiver for the Marktplatz Mall. But the plaintiffs in the case were not present. The partners in NURD had informed the judge they were without representation, that their attorney had withdrawn, but Judge Robert Docherty had refused a continuance in the case, which has seen several trial dates delayed.
At issue is the amount of money owed on the mortgage that NURD took out on the two-thirds of the Marktplatz Mall it owns. That mortgage was obtained by Danielson through SEK Financial. Danielson said foreclosure proceedings are pending, awaiting the decision on the issue of how much is owed.
With only one side represented, Shiff presented Danielson’s case, including testimony by Danielson and by his accountant, Gene Roth.
Docherty is awaiting a final list of recommendations from Danielson’s attorney on findings of fact, and expects to issue a ruling early next week.
Doug Cogen, the managing partner in New Ulm Retail Development, had no comment when contacted on Friday.
Earlier this year, a state arbitrator had considered financial claims by NURD against Danielson. The arbitrator, retired Judge John Borg, found in favor of Danielson, and ruled NURD owes Danielson the amount of $59,171.72, consisting of $53,847.50 in attorney’s fees and $5,324.22 in other costs awarded by the arbitrator.