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Cook County Attorney Molly Hicken came before the county board on Tuesday to seek financial support for a lawsuit the Lutsen Trailbreakers snowmobile club wants to instigate against Lutsen property owners who are stopping the club from using a state-aid trail that runs through their land unless they are paid for that use.
“This is an interesting issue,” said Hicken, telling the board she thinks the county should move forward with a Quiet Title Action against the property owners Richard and Natalie Feddie.
Richard and Natalie Feddie purchased the property in October 2020. They said they were unaware of a trail going through their land at the time of the purchase.
The snowmobile trail allows riders who want to go to a store or refuel in downtown Lutsen. An easement has been in place since 1993 allowing the Lutsen Trailbreakers Snowmobile Cub permission to maintain the trail, but that is now in dispute because the Feddies are demanding payment to access this section of the trail. The disputed parcel is east of the Mink Ranch and has now been gated by the Feddies. Efforts over the past year by the club, county, and requests to the State to help resolve this issue with the Feddies have been unsuccessful said Hicken.
Sharon Hexum Platzer was representing the all-volunteer snowmobile club at the meeting. She said the state-aid spur trail has been in use since the 1970s. “As a club, we can’t rent, lease or buy property. We pay the insurance and provide groomer upkeep for the trails. We make nothing from this,” Sharon told the board, adding the club didn’t have funds to seek legal action to resolve this issue.
The Lutsen Trailbreakers, said Hicken, are seeking the county’s help with litigation because the club doesn’t have the money to pay for a lawsuit.
Hicken told the board that the county has a vested interest in keeping the trail open because of its agreement with the State of Minnesota signed last year to establish and maintain the property interest underlying the state-funded snowmobile trails in the county. That agreement is for the county to act as a legal sponsor to apply for the Minnesota Department of Natural Resources (DNR) Snowmobile Trails Assistance Program for the Gunflint, Lutsen, and Tofte/Lynx trails. The agreement is automatically renewed annually until November 9, 2026.
Hicken noted that it is rare for the county to support a lawsuit where another entity is the plaintiff, but in this case, the county should meet its contractual obligation with the state and snowmobile club. She told the board that because she is preparing for a “big upcoming trial,” she doesn’t have time to attend to this matter, so she recommended the county hire local attorney Tyson Smith. Hicken also said Smith has a lot of knowledge when it comes to dealing with local land issues.
The board agreed to hire Tyson Smith and issue a $5,000 retainer for his services. Hicken noted that Smith is charging $110 an hour for his services which is less than he usually charges.
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