On January 25, 2013, Minnesota Attorney General Lori Swanson, by Assistant Attorney General James Canaday filed a six-count Complaint in the Hennepin County District Court against Renewable Energy SD, LLC and Shawn R. Dooling, individually. The case is numbered 12-CV-13-1554 and has been assigned to Judge Mary E. DuFresne.
The Complaint alleges that the Defendants made various misrepresentations to Minnesota farmers, namely:
- that the Defendants would timely install a functional wind turbine;
- that the Defendants would maintain the operability of the wind turbine energy system during its lifetime;
- the that turbine energy system would produce sufficient revenue under Minnesota’s net metering law to pay for the farmers’ bank loans;
- that, in some cases, the Defendants would directly pay the interest on farmers’ bank loans; and,
- that the turbine energy system would meet the requirements to qualify for federal 1603 Grants.
The Complaint alleges that rather fulfilling these promises, the Defendants appear to have spent hundreds of thousands of dollars to acquire an array of exotic cars such as Audis, a Ferrari, Bentleys, and a Lamborghini.
The Complaint seeks various forms of relief (including restitution) based on counts of:
- Consumer Fraud;
- Deceptive Trade Practices;
- False Advertising;
- Unjust Enrichment;
- Failure to Obtain Certificate of Authority for Foreign Limited Liability Company; and,
- Breach of Fiduciary Duty.
Attorney Mark C. Santi is licensed to practice law in Minnesota, New York, and Florida. Mark has extensive experience in business law and commercial litigation. He routinely represents business owners in litigation and matters involving contract, trademark, intellectual property, complex financial problems, and general business matters.