Correspondence - 4100 Spring Street - 1/5/2026 STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type: Condemnation
County of Hennepin, NOTICE THAT "QUICK TAKE"
Petitioner, DEPOSIT OCCURRED AS TO
V. PARCEL NOS. 1, 4,5,6, 7,8, 9,
16, 28, 29,34,37,39,40,43,44,45,
Lakeview Lofts Homeowners Association, et al., 46, 47,49,53,54,59,66,69, 70, 71,
72, 74, 75
Respondents.
Court File No. 27-CV-25-16387
Honorable Laura M. Thomas
IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR HIGHWAY PURPOSES
CSAH 51 /PROJECT 2182000
TO: ALL PERSONS AND ENTITIES ON THE ATTACHED SERVICE LIST
You are hereby advised pursuant to the Order of Judge Laura M. Thomas dated and filed
on October 28, 2025, entitled "Order Granting Petition, Appointing Commissioners, Authorizing
Payment or Deposit and Transferring Title Pursuant to Minn. Stat. § 117.042" ("Quick-Take"
Order):
1. On November 24, 2025, Petitioner deposited with the Hennepin County District Court
Administrator the sum of One Million Three Hundred Sixty-Two Thousand Five Hundred
($1,362,500.00) Dollars; and on November 25, 2025, Petitioner deposited an additional
amount with the Hennepin County District Court Administrator the sum of Forty-Two
Thousand($42,000.00) Dollars pursuant to the above "Quick Take" Order. A copy of the
"Quick Take" Order is attached.
2. By virtue of the above deposits and pursuant to the "Quick-Take" Order and Minn. Stat.
§ 117.042,the title and right to possession of the above property is vested in the Petitioner
as of December 1, 2025.
MARY F. MORIARTY
Hennepin County Attorney
Dated: December 2, 2025 By: s/Rick J. Sheridan
RICK J. SHERIDAN (240928)
FARUQ A. KARIM (0400553)
Assistant County Attorneys
Attorneys for County of Hennepin
A-1300 Government Center, MC137
300 South Sixth Street
Minneapolis, MN 55487
Rick.Sheridan@hennepin.us/(612) 348-6950
Faruq.Karim@hennepin.us/(612) 543-9463
ACKNOWLEDGEMENT
Petitioner, by its attorney, acknowledges that sanctions may be imposed under Minn.
Stat. § 549.211.
Dated: December 2, 2025 By: s/Rick J. Sheridan
RICK J. SHERIDAN
2
27-CV-25-16387
Filed in District Court
State of Minnesota
10/28/2025 5:00 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type: Condemnation
Assigned to: Laura M.Thomas
County of Hennepin, ORDER GRANTING PETITION,
Petitioner, APPOINTING COMMISSIONERS,
V. AUTHORIZING PAYMENT OR DEPOSIT
AND TRANSFERRING TITLE PURSUANT TO
Lakeview Lofts Homeowners Assoc., et at., MINN. STAT. § 117.042
Respondents. Court File No. 27-CV-25-16387
The above-entitled matter came on for hearing on October 27, 2025, before the
Honorable Laura M. Thomas, Judge of the Hennepin County District Court, upon the Petition
of the County of Hennepin for the taking of certain real property [CSAH 51 / Project 2182000]
under its power of eminent domain, condemned as of December 1, 2025, and pursuant to
Minn. Stat Section 117.042.
Appearances included: Assistant Hennepin County Attorney James A. Mogen on
behalf of Petitioner; and attorney Robert J. Kouba of Christensen Sampsel, PLLC, on behalf of
Respondent April Netley. The following respondents appeared as self-represented parties:
Donald A. Driggs; Denise Loehr(Eugene P. and Sally A. Meyer); and Jeffrey D. Thill.
FINDINGS OF FACT
1. The County is a political subdivision of the State of Minnesota. Pursuant to Minn.
Stat. Section 163.02 the County is responsible forthe 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
27-CV-25-16387 Filed in District Court
State of Minnesota
10/28/2025 5:00 PM
provided in Minn. Stat. § 163.02 and Chapter 117.
3. The portion of County State Aid Highway(CSAH) No. 51 (known as "Sunset Drive")
that is the subject of the Petition is located in the City of Spring Park, within the
boundaries of Hennepin County.
4. The Hennepin County Board of Commissioners (County Board) has determined the
necessity of reconstruction, alteration, construction, widening, improvement and
maintenance of CSAH 51. 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 such reconstruction, widening, and other improvements to CSAH 51. At
the hearing on October 27, 2025, Senior Project Manager Amber Klein testified about
the project generally, and its objective regarding drainage. Klein relies on engineers
with expertise in drainage. During her testimony, Klein referred to a map of the
easements, Exh. E,which should be added to the Court file, as should Exhibits C and
D which were emailed to the Court. Exhibits A and B are attached to the Petition.
Parties present at the hearing on October 27, 2025, had an opportunity to engage in
cross-examination of Klein and present argument as to their positions.
6. By its Resolution No. 21-0148, adopted May4, 2021,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 of
Minn. Stat. § 117.042.
7. In its Resolution No. 21-0148, the County Board found that it is reasonable,
necessary, proper, and convenient, and in the interest of the public health, safety,
convenience, and generalwelfare, for the Countyto 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. 21-0148,the County Board concluded that those lands,
easements, 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").
2
27-CV-25-16387
Filed in District Court
State of Minnesota
10/28/2025 5:00 PM
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. See Index
#1, at Exh. A; Index#5, at Service List.
11. Petitioner has issued a Notice of Dismissal of Parcels 19, 22, 41, and 48 from the
Petition and intends to remove all related parties not named as having an interest in
another parcel, pursuant to Rule 41.01(a)(1) of the Minnesota Rules of Civil
Procedure. See Index#12.
CONCLUSIONS OF LAW
1. Pursuant to Minn. Stat. Sections 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 Countywere 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.
5. None of the legislative or administrative findings that were made by the County of
Hennepin were in anyway 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 and implementation of the proposed improvements
to CSAH 51,which improvements will combat congestion, improve safety, promote
residential compatibility, and meet the needs of forecast future development.
7. 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.
8. 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. Sections
27-CV-25-16387
Filed in District Court
State of Minnesota
10/28/2025 5:00 PM
117.042 and 117.055.
9. Petitioner has properly dismissed pursuant to Rule 41.01(a)(1) of the Minnesota
Rules of Civil Procedure, Parcels 19, 22, 41, and 48 from the Petition, along with all
parties identified with an interest in these dismissed parcels, except where the
parties have an identified interest in a parcel remaining in the Petition.
Based upon the Findings of Fact and Conclusions of Law set forth above,
IT IS HEREBY ORDERED THAT:
1. The Petition in Condemnation, as amended, 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.
2. 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: Christopher Dietzen
Address: 21 E. 107th St. Circle
Bloomington, MN 55420
Phone: 952-457-2125
Email: christopher.dietzen@gmail.com
Commissioner: Name: Byron Miller
Address: 4028 Pleasant Ave. S.,
Minneapolis, MN 55409
Phone: 612-822-5985
Email: bmaprsls@isd_net
Commissioner: Name: Duane Bakken
Address: 6016 Halifax Ave.
Edina, MN 55424
Phone: 612-867-2187
Email: dewey.bakkenPgmail.com
Alternate Chair: Name: Greg Bistram
Alternate: Name: Craig Harrington
Alternate: Name: Richard Black
The last-named Commissioners will serve as alternates, should any of the first three be
disqualified or otherwise unable to serve.
4
27-CV-25-16387
Filed in District Court
State of Minnesota
10/28/2025 5:00 PM
3. The Commissioners shall meet individually or as a panel at the Civil Filing Counter on
the third floor of the Court Tower in the Hennepin County Government Center,
Minneapolis, Minnesota, on or before the 14th day of November 2025, for the purpose
of taking the oath of commissioners, pursuant to Minn. Stat. Section 117.075.
4. 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 two hundred seventy(270) 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 45 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 to the owners, pursuant to Minn. Stat. § 117.042, the amount of its approved
appraisal of value as to the Properties legally described in the Court file.
9. Pursuant to Rule 41.01(a)(1) of the Minnesota Rules of Civil Procedure, Parcels 19,
22, 41, and 48 are hereby dismissed from the Petition, along with all parties identified
with an interest in these dismissed parcels, except where the parties have an
identified interest in a parcel remaining in the Petition.
10. The District Court Administrator is directed to accept the aforementioned deposit.
11. 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
5
27-CV-25-16387
Filed in District Court
State of Minnesota
10/28/2025 5:00 PM
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.
12. 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 December 1, 2025,which date is the 91 st
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.
13. Failure to vacate the Properties described herein within five (5) days after transfer of
title in accordance with this Order may cause the Respondents or others claiming
under them to be found in contempt of court.
14. 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 described herein to Petitioner in accordance with the provisions of Minn.
Stat. §§ 117.042 and 117.043.
15. Petitioner is ordered to submit to the Court file Exhibits C, D, and E.
BY THE COURT:
Thomas, Laura
Dated: October 28, 2025 �•z �n 5.1 n.28
!! Laura M. Thomas ?? 05,00,
Judge of Hennepin CountT6i;49;3durT
The clerk assigned to this matter:
Maria Pfister
4thJudgeThomasChambers@courts.state.mn.us
6