|
A judge ruled that the gate blocking access to a snowmobile trail in Lutsen must come down, at least for now. The gate was placed across the trail by the landowners Richard and Natalie Feddie.
The snowmobile route is a spur that allows riders who want to go to a store or refuel in downtown Lutsen to access those businesses.
An easement has been in place since 1993, allowing the Lutsen Trailbreakers Snowmobile Cub permission to maintain the route.
Richard and Natalie Feddie purchased the property in October 2020. They said they were unaware that snowmobiles traverse through their land at the time of the purchase.
The disputed parcel is east of the Mink Ranch. Efforts over the past year by the club, county, and requests to the State to help resolve this issue with the Feddies were unsuccessful, which led to legal action.
Because the snowmobile club has little money, they came to the county board in mid-October asking for financial assistance from the county to pursue legal action.
Sharon Hexum Platzer represented the snowmobile club at the October commissioner’s 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.
Cook County Attorney Molly Hicken advised the board to support the Lutsen Trailbreaker’s request because the trail in question is a state-aid trail.
“This is an interesting issue,” Hicken said at the time of the commissioner’s meeting. She told the board she thought the county should move forward with a Quiet Title Action against the property owners.
Hicken said 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 statefunded 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 didn’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 about dealing with local land issues.
The board agreed to hire Tyson Smith and issue a $5,000 retainer for his services. At the time, Hicken noted that Smith was charging $110 an hour for his services which is less than he usually charges.
Hexum-Platzer said Mr. Feddie has suggested moving the trail next spring but wants that cost to fall to the Lutsen Trailbreakers Snowmobile Club. “Since it benefits them as well and our funds are limited, we’d like to share that cost if there is a suitable (not wet) location,”said Hexum Platzer.
Until a permanent easement is granted Hexum Platzer said the club will continue to pursue the matter.
Following the judge’s ruling Smith said the Feddies are appealing the judge’s ruling, but for now the gate is down.
Leave a Reply