Real Estate Litigation Slows Down Development of Minnesota Camp

There are many factors to consider when people want to develop a specific piece of property. At any point in the process, there is the possibility that real estate litigation could hamper people’s plans.

In one Minnesota case, a man and woman petitioned Itasca County to change the zoning on a 250 acre piece of land on Deer Lake. The couple is interested in using the property to start a children’s camp. However, when neighbors heard about the project, they challenged it. Many were supposedly worried that the camp would damage the pristine environment around the lake. Furthermore, there were concerns that the camp would be used as a resort for multiple families in the off-season.

As a result of the competing interests, real estate litigation between the two sides has ensued for the past several years. The neighbors were fighting for the completion of an Environmental Assessment Worksheet and an Environmental Impact Study before the development could move forward. The litigation has resulted in the completion of two EAWs. Eventually, the Environmental Services Department ruled that the couple did not need to complete an EIS in order to develop the land around the lake. The neighbors appealed this decision.

The Minnesota Court of Appeals recently ruled that the Environmental Services Department was correct in not ordering the completion of an EIS. This paves the way for the project to continue.

Real estate litigation over environmental issues can be time consuming and costly for property owners and developers. When people are facing opposition to a proposed development, alternative dispute resolution avenues might be available so that the parties can come to a settlement and move forward with the development.

Source: Herald Review, “Court of Appeals affirms county’s decision on Deer Lake Bible camp,” Britta Arendt, July 23, 2014