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A legal dispute over whether or not snowmobilers could use a Lutsen spur trail that traveled through private property has been settled through mediation, with the Lutsen Trail Breakers winning the case.
The win is a bonus for all trails used for a public purpose if that trail had been in use for 15 years or more.
Last year the landowners put a gate across the route that the Lutsen Trailbreakers Snowmobile Club had long maintained. Efforts to settle the matter between the Lutsen Trailbreakers and land owners Richard and Natalie Feddie didn’t go smoothly, and the club went to court to remove the gate.
At that time, a judge ruled in the club’s favor, but the Feddies protested the ruling, and the legal battle continued.
Sharon Hexum Platzer represented the all-volunteer snowmobile club at a Cook County board 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. Instead, 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 snowmobile trail in question is a spur that allows riders to go to a store or refuel downtown Lutsen.
An easement has existed since 1993, allowing the Lutsen Trailbreakers Snowmobile Club permission to maintain the trail. However, the course has been in use since the 1970s.
Richard and Natalie Feddie purchased the property in October 2020. The couple said they were unaware of a trail going 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 had little money, they asked the county board in mid-October 2022 for financial assistance to pursue legal action.
Cook County Attorney Molly Hicken recommended the county support the Lutsen Trailbreaker’s request because the route is a state-aid trail.
“This is an interesting issue,” Hicken said at the time. She advised the county board to move forward with a Quiet Title Action against the property owners, Richard and Natalie Feddie.
Hicken said the county has a vested interest in keeping the trail open because of its agreement with the State of Minnesota. That agreement was signed last year to establish and maintain the property interest underlying the state-funded snowmobile trails in the county. Because of that agreement, the county could 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. Because she was preparing for a “big upcoming trial,” she recommended the county hire local attorney Tyson Smith. Hicken noted that Smith had a lot of knowledge about dealing with local land issues.
The board agreed to hire Tyson Smith and issued a $5,000 retainer for his services. When that retainer was gone, the board approved $5,000 more with a caveat that the board wouldn’t spend any more money on the matter.
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