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COMMUNITY PARTNERS v. CITY OF LONSDALE

No. A04-1919.

697 N.W.2d 629 (2005)

COMMUNITY PARTNERS DESIGNS, INC., Respondent, v. CITY OF LONSDALE, Appellant.

Court of Appeals of Minnesota.

June 14, 2005.

Attorney(s) appearing for the Case

Mark T. Solstad, John C. Beatty, Eastlund, Solstad, Cade, & Hutchinson, Savage, MN, for respondent.

Kyle E. Hart, Daniel L Abelson, Fabyanske, Westra, & Hart, P.A., Minneapolis, MN, for appellant.

Considered and decided by RANDALL, Presiding Judge; MINGE, Judge; and CRIPPEN, Judge.

OPINION

RANDALL, Judge.

Respondent (CPD) sued appellant city, contending that the city breached an agreement to pay for engineering services. Appellant moved to compel binding arbitration and stay the action, which the district court denied. Appellant brought this action arguing that the district court erred because a valid arbitration agreement exists, the city did not waive the agreement, and the dispute falls within the agreement. We reverse.

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