11-3000-16668-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF TRANSPORTATION

In The Matter of the Denial of the Business Relocation Claim of KQRS, Inc.

FIRST PREHEARING ORDER

A prehearing conference was held in the above-captioned matter at the Office of Administrative Hearings in Minneapolis, Minnesota, on July 7, 2005, at 1:30 p.m. Kelly S. Kemp, Assistant Attorney General, 445 Minnesota Street, Suite 1800, St. Paul, MN 55101-2134, appeared on behalf of the Department of Transportation. Kirk A. Schnitker and Jon W. Morphew, Attorneys at Law, Schnitker & Associates, P.A., 2300 Central Avenue N.E., Minneapolis, MN 55418, appeared on behalf of the Respondent, KQRS.

Based upon discussions with counsel during the prehearing conference, IT IS HEREBY ORDERED as follows:

1. All discovery in this matter shall be completed by October 10, 2005.

2. All motions shall be filed by October 17, 2005.

3. Counsel shall exchange and file proposed exhibit and witness lists by October 18, 2005. The witness lists shall include a brief summary of the expected testimony of each witness. To the extent possible, the parties shall enter into prehearing stipulations regarding the facts involved in the hearing and foundation for anticipated exhibits.

4. Counsel shall notify the Administrative Law Judge by October 18, 2005, whether they will require the services of a court reporter at the hearing. Otherwise, the hearing will be tape-recorded.

5. The hearing in this matter shall be held on November 1-2, 2005, commencing at 9:30 a.m. in the courtrooms of the Office of Administrative Hearings, 100 Washington Avenue South, Suite 1700, Minneapolis, Minnesota.

6. The parties shall appear at the hearing with at least three copies of each exhibit they plan to offer into evidence. Exhibits shall be pre-marked using Arabic numbers without designation of the party offering the exhibit.

Dated: July 14, 2005.

s/Barbara L. Neilson

BARBARA L. NEILSON

Administrative Law Judge