On June 5, 2009, the City of Fifty Lakes received a favorable decision from the Ninth Judicial District. The district court found a disputed gravel roadway was a public road under the dedication statute, Minn. Stat. § 160.05. The court held the user statute is applicable to Torrens property. This case arises from the construction of a gravel roadway that partially intrudes on Plaintiffs’ Torrens property. The landowners filed this action in 2005, seeking a declaratory judgment that they owned the property over which the road encroaches. They also sought equitable relief in the form of ejectment and damages for trespass. In 2005, the dsitrict court dismissed the complaint on the grounds that the City acquired the property by de facto taking when the road was constructed and that the landowners’ claims were time-barred. The court of appeals reversed and remanded in an unpublished decision. Herbert v. City of Fifty Lakes, No. A06-215, 2007 (Feb. 27, 2007). The Minnesota Supreme Court affirmed the court of appeals decision in Herbert v. City of Fifty Lakes, 744 N.W.2d 266 (Minn. 2008). Paul Reuvers and Susan Tindal represented the City of Fifty Lakes.
News
Attorneys Reuvers and Kuboushek at MACPZA Training
Iverson Reuvers Attorneys Paul Reuvers and Jason Kuboushek presented a caselaw and legislative update at the Minnesota Association of County Planning and Zoning Administrators (MACPZA) Spring Training and Legislative Update, held on June 11 and 12 in St. Cloud. Attorneys Reuvers and Kuboushek discussed the recent In re Stadsvold decision regarding practical difficulties factors when considering an application for an area variance, as well as other recent Minnesota Court of Appeals decisions.
Alternative Dispute Resolution Practice
Jeff Zalasky recently became a Qualified Neutral approved by the Minnesota Supreme Court to provide mediation services. Over the last 20 years, Jeff has gained extensive civil litigation experience with a concentration in employment law. He has litigated cases in state and federal court and before the Minnesota Department of Human Rights and the Equal Employment Opportunity Commission on a full range of employment related claims including wrongful termination, defamation, employee contracts, discrimination and civil rights violations. Please contact our firm if you would like to inquire about Jeff’s experience or if you would like to find out more about the mediation services our firm can provide.
City of Gaylord Wins Final Plat Appeal
The Minnesota Court of Appeals reversed a district court order granting mandamus relief to Jordan Real Estate Services, Inc. which compelled the City of Gaylord to approve a final plat for Jordan’s subdivision. The appellate court held mandamus is not an available remedy because Jordan did not comply with the City’s subdivision and zoning ordinances. Therefore, under Minn. Stat. § 462.358, subd. 3b, the City was not obligated to approve the final plat. This decision shows a preliminary plat is not the only point at which a City can stop the development process due to noncompliance concerns. Jason J. Kuboushek of Iverson Reuvers represented the City of Gaylord.
Defense Verdict in Jacobson v. Dan Mott
Richard J. Jacobson brought a civil suit against Mille Lacs County Sheriff Deputy Dan Mott, claiming his arrest for obstructing legal process with force was without probable cause and was in retaliation for his questioning of an arrest warrant officers executed. Deputy Mott testified there was probable cause for the arrest based on Jacobson’s use of force to actively resist arrest. Following a 3-day jury trial in federal court before the Honorable Donovan Frank, the jury returned a defense verdict in favor of Deputy Mott. Jason M. Hiveley of Iverson Reuvers represented Deputy Mott.
Iverson Reuvers Joins MWL 100% Club
Iverson Reuvers is now a member of the Minnesota Women Lawyers 100% Club. Membership includes those firms in which all female attorneys are current members of MWL. Members in the firm include Pamela J. F. Whitmore, Susan M. Tindal, Stephanie A. Angolkar and Andrea B. Wing.
Andrea B. Wing Joins Iverson Reuvers
We are pleased to announce Andrea B. Wing has joined Iverson Reuvers as an attorney. Wing practices in the areas of civil litigation, municipal law, and estate planning. She received her law degree cum laude from William Mitchell College of Law in 2008 and her bachelor’s degree in political sicence from the University of St. Thomas in 2004.
Stephanie A. Angolkar Joins Iverson Reuvers
We are pleased to announce Stephanie A. Angolkar has joined Iverson Reuvers as an attorney, after completing a clerkship at the Minnesota Court of Appeals. Angolkar practices in the areas of civil litigation, municipal law, and real estate law. She received her law degree magna cum laude from Hamline University School of Law in 2007 and her bachelor’s degree in political science from Hamline University in 2002.