On November 18, 2011, we met with the CapX attorneys handling the condemnation, John Drawz and Steve Quam from the Fredrikson & Byron law firm. We also met with Dan Lesher of Great River Energy, who is in charge of all acquisitions on this line, Rod Clarke, who is the real estate project manager in charge [...]
Read the rest of this entry »Memo to Belle Plaine Residents Regarding CapX2020 Progress
I thought I would give you an update on what is happening with the CapX2020 route hearings. The hearings were held in June and all parties have already submitted their first brief, and the second brief is due on October 7th. After the second brief is done, the administrative law judge will close the record [...]
Read the rest of this entry »Just Compensation vs. Fair Market Value After Anda
Anda, 789 N.W.2d 860 (Minn. 2010), was a landmark Minnesota Supreme Court decision addressing highest and best use in condemnation proceedings. In a recent CLE Presentation, Howard Roston, of Malkerson Gunn Martin, and Corrine Heine of Kennedy & Graven, provided an overview of what the implications of this watershed decision may be.
Summary of Valuation [...]
Malkerson Gunn Martin CapX2020 Team Stands Ready With Over 150 years of Condemnation Experience
The CapX2020 Project is the largest transmission power line project in the history of our region. CapX2020 is a joint initiative of eleven transmission-owning utilities in Minnesota and the surrounding region to expand the electric transmission grid. Approximately 650 miles of transmission lines will be built in phases. For map locations, click here. The CapX [...]
Read the rest of this entry »Minnesota Supreme Court holds that a condemning authority may not offset environmental clean up costs from the compensation due to owners in a condemnation action
Malkerson Gunn Martin attorneys Brad Gunn and Howard Roston submitted an amicus brief in the Minnesota Supreme Court case Moorhead Economic Development Authority v. Anda. Adopting many of the arguments made in the brief, the Supreme Court of Minnesota held that environmental clean up costs cannot be offset dollar for dollar in a condemnation action. [...]
Read the rest of this entry »Howard Roston wins conditional use permit case in Washington County
Howard Roston won a conditional use permit case in Washington County. When the City of Grant denied a client’s request for an amended conditional use permit to operate a well-established horse stable, the lawyers at Malkerson Gunn Martin LLP sued the City.
The Washington County District Court held that the City’s findings did [...]
Bruce Malkerson and Howard Roston elected by peers for inclusion in the 2011 edition of “The Best Lawyers in America”® in the practice area of Eminent Domain and Condemnation Law
Malkerson Gunn Martin LLP partners Bruce Malkerson and Howard Roston have been elected by peers for inclusion in the 2011 edition of The Best Lawyers in America® in the practice area of Eminent Domain and Condemnation Law.
Bruce Malkerson was also been elected for inclusion in the practice area of Land Use and Zoning.
For over a [...]
Read the rest of this entry »Partner Rod Krass Wins Mechanic’s Lien at the Minnesota Supreme Court
Malkerson Gunn Martin partner Rod Krass won an outstanding victory on behalf of his client S.M Hentges & Sons in the Minnesota Supreme Court.
The case involved the interpretation of the Minnesota Mechanic’s Lien law as applied to new residential development. The engineering company that worked on the project contended it’s lien was valid without giving [...]
Read the rest of this entry »Malkerson Gunn Martin LLP Partners Honored in Chambers USA’s Guide to America’s Leading Lawyers for Business
Malkerson Gunn Martin LLP partners Bruce Malkerson and Kathleen Martin were honored in Chamber USA’s 2010 Guide to America’s Leading Lawyers for Business. Chambers USA 2010 is a referral guide designed to objectively present the best practitioners in the main areas of corporate law. Mr. Malkerson and Ms. Martin were honored as being [...]
Read the rest of this entry »Partner Kathleen Martin Publishes Chapter in Minnesota Purchase and Sale Deskbook
Kathy Martin recently published a chapter in the Minnesota Purchase and Sale Deskbook on “Special Issues When Purchasing Property for Development,’ that describes the myriad of private and public land use issues that arise when developing real property.
CHAPTER 10
Special Issues When Purchasing Property for Development
Introduction; Understand the Proposed Development Before Drafting the Purchase Agreement; [...]
MGM Partner Brad Gunn Wins Minnesota Court of Appeals Case
Malkerson Gunn Martin LLP partner Brad Gunn secured a victory on behalf of his clients by successfully arguing the appeal of a trial court decision. Mr. Gunn convinced the Minnesota Court of Appeals that his clients were deprived of their property rights, entitling them to just compensation under the United States and Minnesota Constitutions.
The [...]