Council reviews eminent domain case in closed session
Wednesday, August 28, 2013 4:10 AM
No decision was made during the closed portion of the Wednesday, Aug. 21, Preston City Council meeting concerning further litigation in the Forestville-to-Preston bike trail.
Third District Court Judge Jeffrey D. Thompson had reversed his initial decision on July 8 that the trail was legal under statute. Defendants Vernon and Kay Ristau and John and Bernadette Snyder have been fighting against the city's use of eminent domain to acquire property needed for the recreational bike trail.
The case, which has centered more on the legality of the trail under Minnesota Statute 85.015, subdivision 7(b) and the Minnesota Outdoor Recreation Act of 1975, was denied review by the Minnesota Supreme Court and remanded by the Minnesota Court of Appeals back to the District Court.
The city did not request any post-trial motions and the deadline for an appeal of the District Court decision is Sept. 6