Caledonia Argus

Eminent domain hearingis set for August 14

Posted: 7/30/02

by Jane Palen
Managing editor

A hearing on the eminent domain issue involving the extension of Esch Drive westward to the site of the new school has been set for August 14. The property on which the street would be built is owned by Ma Cal Developers. The developers, City of Caledonia and ISD #299 School Board were unable to reach an agreement on the sale of that land. The city and school board are jointly pursuing eminent domain on the basis that Esch Drive would provide the safest, most direct access to the school. Currently, the only street that leads to the school is Gjere Avenue, which extends north from Main and through the West Main townhome development and a mobile home park.

At the city council meeting of July 22, council members learned that the school board, the legal counsel for the school board and city, Parke OíFlaherty, and representatives of Ma Cal Developers and their attorneys from Moen Law Firm, Rochester, plan to attend the regular meeting of the city council on August 12 to discuss the situation.

On July 19, City Clerk Administrator Robert Nelson received a fax from the Moen Law Firm expressing the view that acquiring the land through condemnation would come at a ìsubstantial costî to the city. Those costs would include the cost of the land plus ìseverance damageî due to the negative impact on the remaining property.

Attorney Kenneth Moen also stated in his letter that two of the three council members who voted in favor of joining with the school district to pursue condemnation have a ìClear conflict of interest due to the employment of their wives with the school district...î. Councilmen Mark Schiltz and John Klug have spouses who are employees of the school district. Moen pointed out that under Robertís Rules of Order, any member of the council who voted for condemnation may move to reconsider.

In their petition, lawyers for the school and city say that Ma Cal Developers indicated to the school district that an easement would be granted to the school for construction. The agreement dated May 11, 2001, grants the district a 60-foot construction easement. It is signed by Fred and Gary Kruckow for Ma cal Developers and Bruce Bulman and Suzanne Roesler for the school board.

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