Eminent domain case remanded back to Fillmore County
“In what is the latest development in the eminent-domain dispute between the city of Preston and the local parties – John and Bernadette Snyder, Vernon and Kay Ristau – who refused to sell their property for the development of the DNR-proposed Forestville-Preston recreational trail, the Minnesota Court of Appeals has reversed and remanded the case back to the Fillmore County Third District Court.
Over 10 months have passed since Third District Court Judge Jeffrey Thompson handed down a decision in favor of the city of Preston on April 4, 2012. Six weeks after that decision, the Ristaus and Snyders appealed it for a number of reasons. These reasons included that they claimed the Minnesota Legislature had not authorized the creation of the Forestville-Preston recreational trail and that the city of Preston had improperly exercised the power of eminent domain.
On Feb. 11, Minnesota Court of Appeals Judge Larry Collins with Judge Lawrence Stauber and under Presiding Judge Jill Halbrooks released an unpublished opinion paper that will be quoted throughout this report. The appeals court’s decision, as an unpublished opinion, will not be used in future cases’ decisions as a precedent-setting example.”
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Adamek, Anton. Republican Leader 13 February 2013.