Correspondence - 4681/4689 Share Meter Shoreline Drive - 4/7/2025 State of Minnesota District Court
Hennepin County Fourth Judicial District
Court File Number: 27-CV-25-337
Case Type: Condemnation
Mailing Label for All Files
CITY OF SPRING LAKE PARK
4349 WARREN AVENUE
SPRING PARK MN 55384
County of Hennepin v. 5th Street Ventures LLC, et al.
Please find enclosed, documents from Hennepin County Court Administration.
If you have any questions, please call 612-348-3164.
Dated: April 2, 2025 Sara Gonsalves
Court Administrator
Hennepin County District Court
300 South Sixth Street, C-3
Minneapolis MN 55487-0332
cc:
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type: Condemnation
County of Hennepin, ORDER GRANTING PETITION,
APPOINTING COMMISSIONERS,
Petitioner, AUTHORIZING PAYMENT OR DEPOSIT
AND TRANSFERRING TITLE PURSUANT
V. TO MINN. STAT. § 117.042
51h Street Ventures, LLC et al.,
Court File No. 27-CV-25-337
Respondents. Honorable Laurie J. Miller
IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR HIGHWAY PURPOSES
PROJECT ADA 2183347
The above-entitled matter came on for hearing before the Honorable Laurie J.Miller,Judge
of the Hennepin County District Court, on March 20, 2025, upon the Petition of the County of
Hennepin for the taking of certain real property under its power of eminent domain pursuant to
Minn. Stat § 117.042. This matter was continued for administrative review to March 25, 2025 to
meet the service requirements of Minn. Stat. § 117.055 for John Tombers, Patricia Tombers and
Phleghaar Properties, LLC.
Rick J. Sheridan, Assistant Hennepin County Attorney, appeared on behalf of Petitioner.
Jennifer Christie, Julie Peak, and John Staine of the Hennepin County Public Works Department
attended. There were no other appearances.
FINDINGS OF FACT
1. The County is a political subdivision of the State of Minnesota. Pursuant to Minn. Stat.
§ 163.02 the County is responsible for the establishment,location,relocation,construction,
reconstruction, improvement, maintenance, revocation or vacation of county highways
within Hennepin County.
2. Pursuant to Minnesota law, the County has all powers necessary and convenient to carry
out the purposes of this action, including the power of eminent domain, as provided in
Minn. Stat. § 163.02 and Chapter 117.
3. The portion of Hennepin County project 2183347 that is the subject of the petition is
located within the boundaries of Hennepin County.
4. The Hennepin County Board of Commissioners (County Board) has determined the
necessity of Hennepin County project 2183347. The County Board has also determined
that to safely use and travel on that road it is necessary to acquire and take by these
proceedings the land and interest in land as more particularly described in the Petition filed
in this matter.
5. The County Board has now approved an improvement project (the "Project") that will
undertake to retrofit pedestrian ramps for compliance with the Americans with Disabilities
Act, as amended(42 U.S.C. § 12101 et seq).
6. By its Resolution No. 23-0160, adopted May 2, 2023, the County Board directed the
County Administrator to take all steps necessary to acquire the described lands, easements,
and other rights within the Project area by filing an action in eminent domain, negotiating
early entry authorizations, and using the quick-take procedure.
7.; In its Resolution No. 23-0160, the County Board found that it is reasonable, necessary,
proper, and convenient, and in the interest of the public health, safety, convenience, and
general welfare, for the County to acquire the lands, permanent easements, temporary
construction easements, and other rights and interests described therein in order to
construct and implement the Project.
8. In its Resolution No. 23-0160, the County Board concluded that those lands, easements,
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and other rights and interests described therein be acquired for the stated public purposes,
and that the interests be acquired, if necessary, through the power of eminent domain.
9. The County has determined that the legal descriptions for the lands, easements, and other
interests to be acquired herein are as set forth in the Petition, including any and all
easements, hereditaments, appurtenances, adverse rights, gaps and overlaps (the
"Properties").
10. All persons appearing of record or known to the County to be owners or claimants of an
interest therein, including all persons or entities whom the County has been able by
investigation and inquiry to discover, together with the nature of the interest of each as
nearly as can be ascertained, are also as set forth in the Petition.
11. The Petitioner has settled damages claims with the owners of Parcel Nos. 1 and 2 of the
Petition.
CONCLUSIONS OF LAW
1. Pursuant to Minn. Stat. §§ 117.042 and 117.055 notice of intent to possess, the Petition in
Condemnation and notice of the objects of the Petition and the time and place of presenting
the Petition were duly served upon all Respondents named in the Petition within the time
required by law, and proof of service has been filed with the District Court Administrator.
2. The Petition in Condemnation and Motion for Transfer of Title and Possession under
Minn. Stat. § 117.042 is in due form as required by the applicable Minnesota statutes.
3. The procedures used by the County were in accord with the statutes governing the
acquisition of real property through the power of eminent domain.
4. Pursuant to Minnesota law, the County has all powers necessary and convenient to carry
out the purposes of this action as provided in Minn. Stat. § 163.02 and Chapter 117.
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5. None of the legislative or administrative findings that were made by the County of
Hennepin were in any way arbitrary, capricious or unreasonable, or constituted an abuse
of discretion.
6. The proposed acquisition of the Properties by the County serves a public purpose in that it
permits the construction of certain improvements for compliance with the Americans with
Disabilities Act.
8. The proposed taking by the County of the Properties as described in the Petition is
reasonable, necessary and, as such, is constitutional and authorized by law.
9. The County has established that it requires title and possession to the Properties and has
otherwise complied with all of the requirements set forth in Minn. Stat. § 117.042.
IT IS HEREBY ORDERED THAT:
1. Parcel Nos. 1 and 2 are dismissed from this case.
2. The Petition in Condemnation is hereby GRANTED and the County is authorized to
acquire through eminent domain the Properties legally described herein as set forth in the
Petition, including any and all easements, hereditaments, appurtenances, adverse rights,
gaps and overlaps.
3. The following persons, being disinterested residents of Hennepin County, Minnesota, are
hereby appointed as Commissioners to ascertain the amount of damages suffered by the
Respondents on account of the taking of the Properties described in the Petition:
Commissioner Chair: Name: Gregory Bistram
Address: 3719 Pineview Drive
Vadnais Heights, MN 55127
Phone: 651-270-1409
Email: greg(a bistramadr.com
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Commissioner: Name: Byron Miller
Address: 4028 Pleasant Ave. S.
Minneapolis, MN 55402
Phone: 612-822-5985
Email: bmaprsls@gmail.com
Commissioner: Name: Duane (Dewey)Bakken
Address: 6016 Halifax Ave.
Edina, MN 55424
Phone: 612-867-2187
Email: dewey.bakken@,gmail.com
4. The first meeting of the Commissioners shall be held at the Civil Filing Counter on the
third floor of the Court Tower in the Hennepin County Government Center, Minneapolis,
Minnesota, on the 22nd day of April 2025, at 10:00 a.m. or as soon thereafter as possible
for the purpose of taking the oath of commissioners, pursuant to Minn. Stat. § 117.075.
Compensation to be paid each Commissioner shall be as follows:
a. $800 per actual day of service (or$400 per half day);
b. Mileage and parking expenses necessarily incurred in performance of
Commissioner duties; and such other compensation as shall be specified in
"Hennepin County Policy on Condemnation Proceedings."
5. The Commissioners shall report to and file with the Court their awards of damages within
365 days of this Order.
6. The parties shall exchange copies of their final signed appraisal and all other reports or
studies that support valuation claims 30 days prior to said Commissioner hearings.
7. It is further ordered that, pursuant to Minn. Stat. § 117.041, the Petitioner, its employees,
and agents are authorized, upon reasonable notice to the Respondent owners and/or
occupants thereof, to enter the Properties for the purposes of completing an appraisal of
the value thereof, and for conducting surveys, soil borings, tests, inspections, and
evaluations of conditions present on the Properties on or after the date hereof.
8. Petitioner is hereby permitted and authorized to deposit into the Court, or to pay directly
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to the owners pursuant to Minn. Stat. § 117.042, the amount of its approved appraisal of
value as to the Properties legally described herein.
9. The District Court Administrator is directed to accept the aforementioned deposit.
10. Immediately following the deposit, the District Court Administrator shall, from the
deposited funds, pay to the Hennepin County Assessor such amounts as are levied and
pending against the Properties as special assessments or other annual charges that may be
or become a lien thereon as of the date of transfer of title and possession pursuant to this
Order. The District Court Administrator shall also pay, from these deposited funds, all
real estate taxes payable with respect to the Properties in the year 2025, the year in which
the Petition in this matter was filed,and preceding years,if any. All payments shall include
interest and penalties, if any,due at the time of payment. The District Court Administrator
is not obligated to determine any tax payments owed on the parcels in this action. If taxes
or assessments are owed, the Hennepin County Attorney Office will notify the court
administrator directly as to the amount and the timing of any tax payments to be made on
any parcel.
11. Upon making the deposit into the District Court or payment by Petitioner directly to the
Respondent owners, and unless otherwise agreed to by the respective Respondents herein,
then no sooner than April 1, 2025, which date is the 91st day after service was made upon
all respondents, the title and right to possession of the Properties described herein shall,
without further notice, immediately vest in the Petitioner.
12. The Court retains jurisdiction of this matter for the purpose of granting the parties such
other and further relief as may be necessary and appropriate to implement the provisions
of this Order and to otherwise transfer title and right to possession of the Properties
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described herein to Petitioner in accordance with the provisions of Minn. Stat. §§ 117.042
and 117.043.
BY THE COURT:
Miller, Laurie
2025.03.25
Dated: March 25, 2025 12:18:29 -05'00'
Honorable Laurie J. Miller
Judge of the Hennepin County District Court
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