BRUCE D. MALKERSON. Partner. (612) EXPERIENCE

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1 BRUCE D. MALKERSON Partner EXPERIENCE Bruce D. Malkerson is a founding partner with. Since 1973, Bruce Malkerson has represented numerous developers in obtaining (and litigating) zoning and subdivision approvals, approvals for wetland and floodplain modifications, approvals of permits from the Minnesota Pollution Control Agency, completion of Environmental Assessment Worksheets and Environmental Impact Statements for residential, commercial and industrial projects, and arranging public and private financing for real estate developers. (612) Bruce.Malkerson@ PRACTICES Land Use Regulation (including zoning and subdivision approvals, wetland and flood plain modifications, environmental and other land use permits) and real estate development Condemnation/Eminent Domain Real Estate Tax Appeals Public Law Popular and frequent lecturer to public officials, attorneys and landowners on land use law, eminent domain law and litigation in the Twin Cities and throughout Minnesota EDUCATION University of Minnesota, J.D. (1973) Occidental College and University of Minnesota, B.A. (1970) ADMISSIONS Minnesota, 1973 RECOGNITIONS AV Rating through Martindale-Hubbell Law Directory ( present) Super Lawyer in the environmental and land use area by Minnesota Law & Politics Recognized as a Leading Lawyer by Chambers USA Mr. Malkerson was the lead attorney for the Cities of Orono and Minnetrista from 1973 to 1984 and was involved in all aspects of municipal law and litigation. During that time period, he was an Assistant City Attorney handling land use and special assessment issues for the City of St. Louis Park. He had provided legal counsel on various issues from 1973 to 1996 to Nine Mile Creek Watershed District, Riley Purgatory Creek Watershed District and Minnehaha Creek Watershed District. He won a leading case involving the regulatory authority of watershed districts at district court level and at the Minnesota Supreme Court. Krahl v. Nine Mile Creek Watershed District, 283 N.W. 2d 538 (Minn. 1979). He successfully has litigated other important public law cases on behalf of land owners and units of government at the district court and appellate court levels. He has been special counsel to numerous townships, cities and counties throughout the state in land use law and litigation matters, including downzoning, inverse condemnation and 42 U.S.C claims for damages. He left the private practice of law in 1984 to serve as Project Manager and General Counsel for Canterbury Downs. Concurrently, he was General Counsel to a major real estate developer in the Twin Cities and has overseen the legal issues, condemnation proceedings, planning, construction and financing of over $100 million in industrial, commercial, single family and multi-family development. He was president of and legal counsel to two real estate brokers that specialized in industrial, residential, and commercial properties in the City of Shakopee. Since returning to the private practice of law in 1987, he has acted as counsel to numerous developers and landowners in condemnation, real estate tax appeals and land use matters. He has been special counsel to numerous municipalities and is the lead attorney for the Lower Minnesota River Watershed District. Prior to forming in 1996, Mr. Malkerson was a shareholder in the 200 plus attorney law firm of Popham, Haik, Schnobrich & Kaufman, Ltd. with offices in Minneapolis, Minnesota, Denver, Colorado, Washington D.C., and Miami, Florida. He has served as a mediator and arbitrator in resolving several governmental/land owner development and eminent domain disputes.

2 ORGANIZATIONS Member, Minnesota Bar Association Member, Hennepin County Bar Association Member, Hennepin County Bar Association Sections on Eminent Domain, Local Government Law and Environmental Law. Member, American Bar Association (State and Local Government and Environmental Law Section; Litigation Section) SPEAKING ENGAGEMENTS AND PUBLICATIONS Moderator, 2008 Land Use and Eminent Domain Update, 26th Annual Real Estate Institute, Minnesota CLE, November 14-15, Lecturer, "Land Use Regulations," Real Property Law In Minnesota, Minnesota CLE, January 17-18, Moderator, A Real Estate Attorney s Survival Guide What You Need To Know About Real Property Valuation and Appraisals, 25th Annual Real Estate Institute, Minnesota CLE, November 9-10, Moderator, Minnesota s New Eminent Domain Statute, 24th Annual Real Estate Institute, Minnesota CLE, November 17-18, Moderator, "Ask the Experts!" Eminent Domain Law, Minnesota Continuing Legal Education, April 11, Lecturer, "Land Use Regulations," Real Property Law In Minnesota, Minnesota CLE, January 17-18, Moderator, "The Keys to a Successful Condemnation Case - Who Wins and Why," and publication of "Summary Guide to Eminent Domain," 23rd Annual Real Estate Institute, Minnesota CLE, November 18-19, Moderator, "Negotiating the Development Contract," 23rd Annual Real Estate Institute, Minnesota CLE, November 18-19, Lecturer, "Kelo v. New London, CT," The Sensible Land Use Coalition, August 31, Course Chair and Panel Moderator, "Open Discussion Of Current Land Development and Water Law Issues," Minnesota Land Development and Water Law, Clarion Legal, May 26, Course Chair and Lecturer, "Development Contracts How Far Can the City Go?" Minnesota Continuing Legal Education, May 17, Course Chair and Lecturer, "Recent Developments in Minnesota Land Use Law Case Law, Statutory Update and Proposed Legislation," Minnesota Continuing Legal Education, May 17, Moderator, "Temporary Construction Easements, Floating Easements, Legal Issues, Valuation Issues and Their Relationship to Construction Interference," Eminent Domain Law Recent Developments and Hot Topics, Minnesota Continuing Legal Education, February 24, Moderator, "Valuation Dilemma," Eminent Domain Law Recent Developments and Hot Topics, Minnesota Continuing Legal Education, February 24, Lecturer, "Mandatory Gratuities For Parties of 15 or More Impact Fees," Ehlers & Associates 2004 Public Finance Seminar, February 5, Lecturer, "Land Use Regulations," Minnesota Continuing Legal Education, January Moderator, "Hot Topics In Condemnation and Redevelopment," 21st Annual Real Estate Institute, November 22-23, Moderator, "Hot Topics In Land Use," 21st Annual Real Estate Institute, November 22-23, Lecturer, "The Applicability of Tax Court Decisions to Eminent Domain," Minnesota Institute of Legal Education, September 17, Page 2

3 Lecturer, Condemnation: Tips for Developers After Richfield/Walser, Urban Development: Redevelopment in Tough Times," Minnesota Institute of Legal Education, July 1, Lecturer and Moderator, The Best Buy/Walser Litigation: Environmental Practice Lessons, Environmental Law Institute, Minnesota Institute of Legal Education, May 7-8, Co-Chair and Lecturer, Making the Record for the Applicant What are the Do s and Don ts, Developing Land Getting Local Government Approval: The Hottest Issues," Minnesota Continuing Legal Education, December 12, Lecturer, "The Walser Richfield Battles," 20th Annual Real Estate Institute, Minnesota Continuing Legal Education, November 15, Lecturer, "The Walser-Richfield Battles: Lessons Learned From a Major Conflict Involving Tax Increment Financing, EIS, Zoning, Referendum, Indirect Source Permit and Condemnation," 20th Annual Real Estate Institute, Minnesota Continuing Legal Education, November 15, Lecturer, "Land Use Regulations," presented to Congress of Minnesota Resorts, October 28, Lecturer and Moderator, Damages for Construction Related Interference, Eminent Domain, Minnesota Institute of Legal Education, October 3, Lecturer, "A Case Study of Intense TIF and Condemnation Wars Accompanying Redevelopment: The City of Richfield/Walser Cases: Redevelopment after Tax Reform," Minnesota Institute of Legal Education, June 13, Lecturer and Moderator, A Real Estate Attorney s Survival Guide What You Need To Know About Real Property Valuation and Appraisals, 2002 Real Estate Convenience Series, Minnesota Continuing Legal Education, June 12, Lecturer and Moderator, A Real Estate Attorney s Survival Guide What You Need To Know About Real Property Valuation and Appraisals, 19th Annual Real Estate Institute, Minnesota Continuing Legal Education, November Lecturer, The Housing and Redevelopment Authority in and for the City of Richfield vs. Walser Auto Sales, Inc., Eminent Domain, Minnesota Institute of Legal Education, October 10, Lecturer, Advanced Legal Issues for Elected and Appointed Officials and Staff: Land Use Regulations; Findings of Fact and General Concepts Relating to How the Local Government s Staff, Planning Commission, Governing Body, and Developer Should Interact with Each Other in Land Use Matters and How to Make Sure the Record of the Proceeding is Adequate for Subsequent Judicial Review, Government Training Services, Spring Lecturer and Moderator, Developing Land-Getting Local Government Approval: The 10 Hottest Issues, 18th Annual Real Estate Institute, Minnesota Continuing Legal Education, November 10, Lecturer and Moderator, Approaches to Market Value in Recent Major Downtown Condemnation Cases, Eminent Domain Seminar, Minnesota Institute of Legal Education, October 18, Lecturer, Land Use Regulations, 2000 Real Property Law Specialist Review Course, Minnesota Continuing Legal Education, February Lecturer and Moderator, A Real Estate Attorney s Survival Guide - What you Need to Know About Real Property Valuation and Appraisals, 17th Annual Real Estate Institute, Continuing Legal Education, November 19, Lecturer, Governmental Approvals, Conference of Commercial Real Estate Transactions III, Minnesota Institute of Legal Education, November 9, Lecturer and Moderator, Use and Abuse of Comparables, Eminent Domain Seminar, Minnesota Institute of Legal Education, October 31, Lecturer, Land Use Regulations, Real Property Law in Minnesota, Minnesota Continuing Legal Education, February Lecturer, The Impact of Noise on the Valuation of Property, Hennepin County Bar Page 3

4 Association, November 26, Lecturer and Moderator, Today s Hottest Topics in Land Use Planning, 15th Annual Real Estate Institute Seminar, Minnesota Continuing Legal Education, November 21, Lecturer, Impact Fees and Related Matters, Minnesota Continuing Legal Education, March 27, Lecturer, The Impact of Noise on the Valuation of Property, Conference on Strategies and New Developments in Eminent Domain, Minnesota Institute of Legal Education, January 27, Lecturer, Noise Regulation, Protecting Minnesota s Urban Environment Seminar, Minnesota Institute of Legal Education, December 5, Lecturer, Developing Vacant Land, 14th Annual Real Estate Institute Seminar, Minnesota Continuing Legal Education, November 8, Lecturer, Land Use Law Update, Sensible Land Coalition, October 30, Lecturer, Property Rights and Takings: When Regulation Goes Too Far, Upper Midwest Planning Conference, St. Cloud, Minnesota, September 25, Lecturer, The Strategy of Delay, Real Estate Development Seminar, Minnesota Continuing Legal Education, February 28, Lecturer, Land Use Regulation (Zoning Subdivision and Related Topics), 1996 Real Property Law Specialist Review Course, Minnesota Continuing Legal Education, February 2, Lecturer and Moderator, The Commissioners A-Z, More Than You Ever Wanted to Know, Eminent Domain Seminar, Minnesota Institute of Legal Education, December 6, Lecturer, How to Choose and Use Appraisers Effectively in Condemnation and Tax Cases, 13th Annual Real Estate Institute, Minnesota Continuing Legal Education, November 3, Lecturer and Chair - Land Use Regulation and Litigation Seminar, Update on Regulatory Takings, Minnesota Continuing Legal Education, October Lecturer, Beyond the Basics: Land Use Regulations; Findings of Fact and General Concepts Relating to How the Local Government s Staff, Planning Commission, Governing Body and Developer should Interact with Each Other in Land Use Matters and How to Make Sure the Record of the Proceeding is Adequate for Subsequent Judicial Review, (Government Training Service), April 6, Lecturer, Attacking & Defending Governmental Approvals for Real Estate Projects, 12th Annual Real Estate Institute, Minnesota Continuing Legal Education, November 20, Lecturer, Findings of Fact and General Concepts Relating to How the Local Government s Staff, Planning Commission, Governing Body, and Developer Should Interact with Each Other in Land Use Matters and How to Make Sure the Record of the Proceeding is Adequate for Subsequent Judicial Review, Minnesota Planning Association, April 28, Lecturer, Land Use Law and Public Meeting Procedures, presented to the City of Afton, February 15, Lecturer, General Concepts Relating to How the Local Government s Staff, Planning Commission, Governing Body and a Developer Should Interact with Each Other in Land Use Matters and How to Make Sure the Record of the Proceeding is Adequate for Subsequent Judicial Review, presented to the City of Albert Lea and adjacent cities, townships and counties, September 9, Lecturer, General Concepts Relating to How the City Staff, Planning Commission, City Council and a Developer Should Interact with Each Other in Land Use Matters and How to Make Sure the Record of the Proceeding is Adequate for Subsequent Judicial Review, National Business Institute, May 8, Lecturer and Program Chair, Recent Developments in Regulatory Takings Law ; Zoning, Wetlands and Environmental Litigation Intertwined A Case Study: Krmpotich v. City of Duluth, 483 N.W.2d 55 (Minn. 1992), Land Use Law and Litigation 1993, Minnesota Continuing Legal Education, March 7, Lecturer, Recent Developments in Regulatory Takings Law, 10th Annual Real Estate Page 4

5 Institute, Minnesota Continuing Legal Education, November 20, Lecturer, Zoning and Condemnation Law for the General Real Estate Practitioner, 10th Annual Real Estate Institute, Minnesota Continuing Legal Education, November 20, Lecturer, Land Use Law Issues Impacting the Value of Land, Eminent Domain Seminar, Minnesota Institute of Legal Education, November 5, Lecturer, Land Use Controls and the Development Process, Land Use Law Update in Minnesota Seminar, National Business Institute, May 8, Lecturer, Land Use Regulation (Zoning, Subdivision and Related Topics), 1991 Real Property Law Specialist Review Course, Minnesota Continuing Legal Education, February Lecturer, Use of Direct Capitalization and Discounted Cash Flow Methods in the Income Approach to Value, Eminent Domain Seminar, Minnesota Institute of Legal Education, February Lecturer, Minnesota Land Use Developments: An Analysis of Recent Minnesota Court Decisions and Their Impact on Land Use and Development; Dealing With the Local Permit Process and How to Obtain Approvals, 7th Annual Real Estate Institute, Minnesota Continuing Legal Education, November 17, Lecturer, Zoning Issues as Related to Eminent Domain, Eminent Domain, A Required Update Seminar, Minnesota Institute of Legal Education, November 3, Lecturer, Land Use Regulation (Zoning, Subdivision and Related Topics), 1989 Real Property Law Specialist Review Course, Minnesota Continuing Legal Education, October Lecturer and Program Chair, Persuading the City to Vote for the Developer s Request, Land Use and Real Estate Development Seminar, Minnesota Continuing Legal Education, February 17, Lecturer, The New Takings Cases and Their Impact on the Development of Real Property, Real Estate Law and Practice Seminar, Minnesota Continuing Legal Education, November Lecturer, Latest Developments in Inverse Condemnation, Zoning and Special Assessments, Eminent Domain Seminar, Minnesota Institute of Legal Education, 1985 and Lecturer, Latest Developments in Inverse Condemnation, Zoning and Special Assessments, Eminent Domain Seminar, Advanced Legal Education, Lecturer and Program Chair, The Local Land Use Application Process, 1983 Minnesota Land Use Issues Seminar, Minnesota Continuing Legal Education, Author and Lecturer, Government Land Use and Environmental Controls, Minnesota Continuing Legal Education, 1982 and Lecturer and Program Chair, Recent and Pending Minnesota and United States Supreme Court Cases and Their Impact on Land Use, Minnesota Land Use Issues Seminar, Minnesota Continuing Legal Education, Lecturer and Program Chair, How Far Can the City Go With Its Regulations Before They Are Invalidated and/or Constitute a Taking of Property, Land Use Issues Seminar, Minnesota Continuing Legal Education, REPORTED CASES Wensmann Realty, Inc. v. City of Eagan, 734 N.W.2d 623, 2007 WL ,, Minn., July 12, 2007(No. A ) (...Rights Counsel, Washington, D.C., for League of Minnesota Cities and Community Rights Counsel, American Planning Association, and Minnesota Planning Association. Bruce D. Malkerson Howard A. Roston Patrick B. Steinhoff, Malkerson Gilliland Martin LLP, Minneapolis, MN, for Minnesota Land Use Institute. Peter K. Beck.) Kristufek v. City of Breezy Point, Not Reported in N.W.2d, 2007 WL , Minn. App., June 12, 2007(No. A ) (...MN, for appellant. Paul D. Reuvers Jason J. Kuboushek Iverson, Page 5

6 Reuvers, LLC, Bloomington, MN, for respondent City of Breezy Point. Bruce D. Malkerson Howard A. Roston Patrick B. Steinhoff Malkerson, Gilliland, Martin, LLP, Minneapolis, MN, for respondents Breezy Point International, Inc. and Whitebirch.) Housing and Redevelopment Authority ex rel. City of Bloomington v. Bloomington Professional Bldg., LLC, Not Reported in N.W.2d, 2007 WL , Minn. App., January 30, 2007(No. A ) (...No. CD Marc J. Manderscheid David H. Grounds Briggs and Morgan, P.A., Minneapolis, MN, for respondent. Howard A. Roston Bruce D. Malkerson Patrick B. Steinhoff Malkerson, Gilliland, Martin, L.L.P., Minneapolis, MN, for appellants. Considered and decided by HALBROOKS, Presiding Judge; RANDALL, Judge.) Nelson v. City of Minnetonka, Not Reported in N.W.2d, 2006 WL ,, Minn.App., August 22, 2006(No. A ) (...a subjective application of ordinance. Hennepin County District Court, File No. AP Patrick B. Steinhoff Howard A. Roston Bruce D. Malkerson Malkerson Gilliland Martin, L.L.P., Minneapolis, MN, for respondent. George C. Hoff Justin L. Templin Hoff, Barry & Kuderer, P.A., Eden Prairie.) In re Lecy ex rel. Chanhassen Chiropractic Center, P.A., Not Reported in N.W.2d, 2005 WL , Minn.App., March 15, 2005(No. A ) (...LLC, and Leland J. Frankman, and Josiah E. Brill, Jr. James A. Yarosh Siegel Brill Greupner Duffy & Foster PA, and Bruce D. Malkerson Howard A. Roston Malkerson Gilleland Martin, Minneapolis, MN, and Keith Hughes Quinlivan & Hughes, St. Cloud, MN, for amicus curiae Minnesota.) Nolan and Nolan v. City of Eagan, 673 N.W.2d 487, 2003 WL ,, Minn.App., December 30, 2003(No. A ) (...operation, or inspection. Michael C. McCarthy David F. Herr Maslon Edelman Borman & Brand, LLP, Minneapolis, MN; and Howard A. Roston Bruce D. Malkerson Malkerson Gilliland Martin, LLP, Minneapolis, MN, for appellant. James G. Golem beck Jar dine, Logan & O'Brien, P.L.L.P., Lake Elmo, MN, for respondent.) Walser Auto Sales, Inc. v. City of Richfield, 644 N.W.2d 425, 2002 WL ,, Minn., May 23, 2002(No. C ) (...Espel, PLLP, Minneapolis, MN, Appellant's Attorney(s). Bradley J. Gunn (# ), Christopher M. McGlincey (# ), Leonard, Street and Deinard, PA, Bruce D. Malkerson (# 66862), Malkerson, Gilliland & Martin, LLP, Minneapolis, MN, Respondent's Attorney(s). Susan L. Naughton (# ), St. Paul, MN, Attorney for Amicus.) Housing and Redevelopment Authority ex rel. City of Richfield v. Walser Auto Sales, Inc., 641 N.W. 2d 885, 2002 WL ,, Minn., April 18, 2002(No. C ) (...the district court stands. Bradley J. Gunn Carolyn V. Wolski, Minneapolis, for Appellants Walser Auto Sales Inc. and Motorwerks, Inc. Bruce D. Malkerson Malkerson, Gilliland & Martin, LLP Fred L. Morrison University of Minnesota Law School, Minneapolis, Christopher J. Dietzen Larkin, Hoffman, Daly & Lindgren.) Walser Auto Sales, Inc. v. City of Richfield, 635 N.W.2d 391, 2001 WL ,, Minn.App., November 13, 2001(No. C ) (...the buildings found structurally substandard were not reasonably distributed throughout the district. Bradley J. Gunn Leonard, Street and Deinard ; and Bruce D. Malkerson Malkerson Gilliland & Martin, LLP, Minneapolis, for appellants. John M. LeFevre, Jr. Kennedy & Graven, Chartered, Minneapolis, for respondents. Susan L. Naughton.) Housing and Redevelopment Authority in and for the City of Richfield v. Walser Auto Sales, Inc., 630 N.W.2d 662, 2001 WL ,, Minn.App., July 03, 2001(No. C ) (...property under the Minnesota quick-take statute. Bradley J. Gunn Carolyn Veehoff Wolski Leonard Street and Deinard, Minneapolis, MN and Bruce D. Malkerson Malkerson Gilliland & Martin, L.L.P., Minneapolis (for appellants). John M. LeFevre, Jr., Corrine H. Thomson Joe Yao-Chou Yang Kennedy & Graven.) Leck v. City of Independence, Not Reported in N.W.2d, 1994 WL ,, Minn.App., August 09, 1994(No. C ) (...Greenberg, Judge. Thomas H. Goodman Josiah E. Brill, Jr. Siegel, Brill, Gruepner & Duffy, P.A., Minneapolis, for appellants. Karen R. Cole Bruce D. Malkerson Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, and John C. Vigoren Maple Plain, Independence, MN, et al. James D. MacKinnon Johnson.) Krmpotich v. City of Duluth, 483 N.W.2d 55, 1992 WL 70424,, Minn., April 10, 1992(Nos. Page 6

7 C , C and C ) (...Syllabus by the Court The record sustains the trial court's determination of no violation of the Minnesota Environmental Rights Act Bruce D. Malkerson Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, and A. Blake MacDonald MacDonald, Munger, Downs & Munger, Duluth, for Watson Centers, Inc. William.) Krmpotich v. City of Duluth, 474 N.W.2d 392, 1991 WL ,, Minn.App., August 20, 1991 (Nos. C , C and C ) (...William P. Dinan, Duluth City Atty., Duluth, for City of Duluth. A. Blake MacDonald MacDonald, Munger, Downs & Munger, Duluth, and Bruce D. Malkerson Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for Watson Centers, Inc. Considered and decided by CRIPPEN, P.J., and FOLEY and DAVIES.) Welsh v. City of Orono, 355 N.W.2d 117,, Minn., August 31, 1984(No. C , C ) (...is essentially a private state law claim and is not within the spirit of the civil rights attorney fee provision. Bruce D. Malkerson, Thomas J. Radio, Minneapolis, for City of Orono. Scott G. Harris, Eileen M. Roberts, Minneapolis, for Welsh. Considered and decided.) Matter of Annexation of Certain Land to City of Cottage Grove, 330 N.W.2d 884,, Minn., March 18, 1983(No. C ) (...Ashley, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Municipal Bd. Popham, Haik, Schnobrich, Kaufman & Doty, Raymond A. Haik and Bruce D. Malkerson, Minneapolis, for Schilling, et al. Wallace F. Gustafson, Willmar, amicus curiae for Minnesota Ass'n of Tps. Considered and decided by.) Krahl v. Nine Mile Creek Watershed Dist., 283 N.W.2d 538, 13 ERC 1821,, Minn., August 31, 1979(No ) (...Larkin, Hoffman, Daly & Lindgren and James P. Larkin, Minneapolis, for appellant. Popham, Haik, Schnobrich, Kaufman & Doty, Raymond A. Haik and Bruce D. Malkerson, Minneapolis, for Nine Mile Creek Watershed District. Perbix, Harvey, Simons & Thorfinnson and Ross L. Thorfinnson, Hopkins, for City of Eden.) Johnson v. City of Glencoe, 722 F.2d 432,, C.A.8 (Minn.), December 14, 1983(No ) (...appellees City of Glencoe, Gary Ballard, Russell Bacon, and Elfege Austad. Popham, Haik, Schnobrich, Kaufman & Doty, Ltd., Frederick C. Brown, Bruce D. Malkerson, Thomas J. Radio, Minneapolis, Minn., for appellees County of McLeod and Edwin Homan. Dennis D. Daly, Jr., St. Paul, Minn...) Page 7