MARSHALL — A new attorney will be representing the city of Marshall in an ongoing lawsuit against the owners of the Broadmoor Valley mobile home park, Marshall City Council members learned Tuesday.

In a report to the council, Marshall City Attorney Pam Whitmore said the change of attorney came because counterclaims filed by the Broadmoor Valley owners triggered the city’s liability insurance coverage. Going forward, attorney Jason Kuboushek would be representing the city of Marshall in the lawsuit, Whitmore said.

The city sued Broadmoor owners Schierholz and Associates in May over the installation of a locked gate at one of the park’s only two entrances. The city’s complaint alleged the gate violated Marshall city ordinances, which require that mobile home parks have at least two entrances.

In their answer to the city’s lawsuit, Schierholz and Associates had also made statements that the city zoning code didn’t apply to Broadmoor Valley, Whitmore said.

“So we also brought an action, pursuant to the council’s direction, to have a determination by the judge if the code applies or doesn’t apply,” she said.

Whitmore said the counterclaims made in Schierholz’s answer to the city lawsuit triggered the city of Marshall’s insurance coverage. The League of Minnesota Cities hired attorney Jason Kuboushek to represent the city on that matter, Whitmore said.

“So that will be covered by your insurance coverage for the city,” she said.

Whitmore said a hearing scheduled for July 16 would be rescheduled so Kuboushek could get up to speed on the case.

She said an attorney for Schierholz had also indicated they would write an agreement to keep the gate at Broadmoor Valley open while the court case is ongoing.

In a document filed in Lyon County District Court on Monday, Kuboushek said he and Schierholz’s attorney had worked out an agreement related to issues that would have been argued at the July 16 hearing.