Cave ruling upheld in appeals courtThe Minnesota Court of Appeals on Sept. 17 upheld a decision favoring Two Harbors in its dispute against developer Sam Cave on the zoning, use and ownership of his waterfront property.
By: Matt Suoja, Lake County News Chronicle
The Minnesota Court of Appeals on Sept. 17 upheld a decision favoring Two Harbors in its dispute against developer Sam Cave on the zoning, use and ownership of his waterfront property.
After the city settled four lawsuits brought by Cave, who bought the property from the DM&IR Railroad in 2002, he sued again in claiming the settlements were not valid. That motion was originally dismissed by District Court Judge Kenneth Sandvik last year.
“This is good news for the city to move this agreement forward,” City Attorney Steve Overom said.
But some councilors were less enthusiastic.
“We’ve been doing this for seven years,” Councilor Chris Swanson said, adding he was indifferent about the ruling.
Councilor Dan Jones expressed a similarly guarded reaction.
“I felt glad another step is done,” he said. “I wouldn’t feel too good until it’s absolutely done.”
Regardless, Overom said Cave could still appeal to the Minnesota Supreme Court.
Cave was unavailable for comment as of press time.
In other council business:
- An archery hunt of deer within Two Harbors city limits was discussed once again, with concerns again raised over where exactly the hunting would be allowed. The hunt is being considered because of an overpopulation of deer in the area.
“If we are going to support this, we need to have parameters in place,” City Councilor Jason Kuettel said.
City Councilor Mary Henjum Rosati, who is opposed to the hunt, recommended an ordinance banning the feeding of deer.
Swanson said the council will continue to evaluate the hunt, as will City Attorney Overom.“I do know there’s quite a few deer running around,” said Bob Kirsch, area wildlife manager for the Minnesota Department of Natural Resources. “I would concur about reducing the population.”
- Mayor Randy Bolen showed a prototype of a cross-section of the Honking Tree branded with an commemorative inscription. The idea is to sell the pieces as souvenirs and use the money for various civic projects. One possible projects is the planting trees in the community.