Judge reverses ruling in eminent domain case
“The City of Preston v. Ristau and Snyder case over the legality of the Preston-to-Forestville recreational trail segment has been dismissed by the Third Judicial District Court.
The decision was handed down on July 8 by District Court Judge Jeffrey D. Thompson, who reversed his initial ruling that the trail was legal under statute. This decision may still go through post-trial motions if engaged by the city.
If the city does not appeal, the final decision by Thompson will allow the Ristaus and Snyders to keep their land, which would have been used to complete the Preston-to-Forestville segment of trail. If this is the case, their legal fight against the use of eminent domain will, after several years, be over.
The foundation for this case was formed in 1993 when the city of Preston formed a Joint Powers Board with nearby cities to create a recreational trail running from Preston to Forestville State Park. The city worked with the DNR from 1998 to 2003 in acquiring contracts from landowners willing to sell their land for the purpose of the trail. Out of 19 land parcels needed, 17 were acquired by the State of Minnesota in 2004.”
Adamek, Anton. Republican Leader 17 July 2013.