Special Meeting of the Mazeppa City Council
Thursday, December 29, 2022
The special meeting of the Mazeppa City Council was called to order at 6:02 PM by Mayor Chris Hagfors.
The Pledge of Allegiance was said.
Present: Mayor Chris Hagfors. Council Persons Dustin Wiebusch and Erica Young.
Others Present: City Attorney Luke Lamprecht, Attorney Jay Brown of Ryan Associates, and City Administrator Clerk Karl Nahrgang.
Absent: Steve Liffrig and Mike Hammes.
Motion by Wiebusch, second by Young to approve the agenda. All in favor, none opposed. Carried.
The purpose of the meeting was to hear opinions from legal counsel for options and obligations for the portion of 4th Ave. that runs across private land.
Jay Brown from Ryan Associates stated that there is a process. If the landowner closes the road the City can file an injunction to keep the road open. This would be considered an emergency injunction and would be heard in court on an expedited basis. The injunction would keep the road open for public use while the courts decided the rights of the City and the rights of the landowner.
The City would argue that it is in the public good to keep the road open for the residents of the area until such time that the City can build the road into the correct right-of-way.
Mr. Brown said that issues like this are common in small communities, but it is rare that these issues make it to court.
Mr. Brown said that the City’s rights to the roadway as configured may be decided under a common law dedication or a statutory dedication. The 2 sides would present their argument in court and a judge would decide. He said there are no guarantees of your preferred outcome.
A question about the verbal agreement between the City and M.B. Sveen properties to not maintain the road should be kept in place, it was suggested that if the City feels that it is in the best interest of the citizens in that area to keep the road in place, then it is in the same interest that it should maintain the road also.
Motion by Wiebusch, second by Young to resume maintenance of the portion of 4th Ave. NE that lies on private property. All in favor, none opposed. Carried.
Motion by Young, Second by Wiebusch to adjourn the meeting. All in favor, none opposed. Carried.
Meeting adjourned at 6:52 PM.