Preston-to Forestville eminent domain case comes to an end
“Snyder and his wife, Bernadette, and the Vernon and Kay Ristau family, have been dealing with a dispute over the legality of a proposed Preston-to-Forestville recreational trail for many years.
The Snyder and Ristau families became legally involved on March 2, 2009, when the city of Preston invoked the use of eminent domain to acquire two parcels of land the Snyder and Ristau families owned. The families sued the city later in the year, which began a due process roller coaster.
Third District Court Judge Jeffrey D. Thompson ruled in favor of the city in 2012, but the landowners appealed the ruling.
On Feb. 11, 2013, the case was remanded back to the District Court due to insufficient reasoning from Judge Thompson.
Following a failed bid to have the Minnesota Supreme Court hear their case, the appellants received a reversal of the District Courts decision on July 8. It had been determined that the trail was not legal under statute.
The city of Preston held a series of closed meetings following regularly scheduled and public council meetings to determine what post-trial action they could take. Following a request made by the appellants for the attorney’s fees to be rectified, the city determined it would appeal that request. During the hearing for the approval of the appellants’ request, City Attorney Dwight Luhmann presented several arguments against the request. “
Adamek, Anton. Republican Leader 2 January 2014.