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Appellate Court reverses lower court on State Trail - Remands to District Court for further findings


Fri, Feb 15th, 2013
Posted in Preston Features

This decision may be a signal the case is nearing the end of the road or may just be another sharp curve in the long time effort to build a state trail from Preston to Forestville State Park. The decision of the court of appeals remands the case to the district court because in the appellate court’s opinion the district court failed to explain its “analysis or interpretation of the statutory language.” The district court had determined that the trail segment was authorized by the state legislature as a segment of the Blufflands Trail system (Minnesota Stat. 85.015, subd. 7(b) and 86A.05, subd. 4).

The Minnesota Court of Appeals opinion was handed down by a three-judge panel including Stauber, Halbrooks, and Collins.

The appellate court opines that the statute (85.015, subd. 7b) does not specifically “include Forestville State Park or the unincorporated area sometimes referred to as Forestville.” It is noted in a footnote that the city of Preston in oral argument before the court of appeals argued the State Park is located between Preston and Ostrander and the proposed segment could one day be continued on to the city of Ostrander, which is specifically listed in the statute. The opinion noted that a Preston to Ostrander segment of the Blufflands Trail system would be a trail authorized under statute 85.015 subd.7(b). However, since this argument was not considered at the district court, the appellate court would not consider it for the first time on appeal.

The district court also cited Minnesota Stat. 86A.05, subd. 4 to authorize the proposed trail segment. This is part of the Minnesota Outdoor Recreation Act (ORA) of 1975. The court of appeals opines that the district court failed to include an analysis of ORA and how it would be authoritative independently.

The other argument before the appellate court as to the ability of the city of Preston to exercise its power of eminent domain outside of its city limits was not considered at this time by the court of appeals, as this is only an issue if the proposed trail is authorized.

History

The vision of a state trail from Preston to Forestville was born nearly twenty years ago with the Joint Powers Board. By 2003, agreements were obtained to secure most of the property for the trail from seventeen of the nineteen landowners along the planned trail. However, the properties owned by the John Snyder and Vernon Rista .....
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Fillmore County Pork Producers
Hoffman Stables

National Trout Center has new director

Fri, Feb 15th, 2013
Posted in Preston Features

When Heath Sershen of Winona was in graduate school, he set a goal that when he graduated, he would like to work at a non-profit organization as a director. He wanted to teach people about brown trout and the driftless area. It seems Sershen has fou ..... 
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Preston to proceed with planning for 2014 street project

Fri, Feb 8th, 2013
Posted in Preston Government

City Administer Joe Hoffman reviewed at the council’s February 5 meeting estimated levy increases that would be necessary over a twenty year period to finance the Twenty-14 street project. Hoffman explained one scenario for the street improvemen ..... 
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Amos hits the century mark

Fri, Feb 8th, 2013
Posted in Preston Features

Amos Anderson of Preston, Minn. has hit a milestone. On February 16, 2013, Amos will celebrate his 100th birthday. Amos Sidney Anderson was born on February 16, 1913, to Hovel and Josephine (Larson) Anderson on a farm between Peterson, Minn. and Ru ..... 
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Robert Reicks

Mon, Feb 4th, 2013
Posted in Preston Obituaries

Robert Reicks, 76 of Preston, Minn., passed away peacefully on Saturday February 2, 2013, at Good Shepherd Nursing Home in Rushford, Minn. Robert was born on December 28, 1936, in Cresco, Iowa to Viola (Reinhardt) and Edward Reicks. He graduated ..... 
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One Act team wins Sectionals

Fri, Feb 1st, 2013
Posted in Preston Arts & Culture

Fillmore Central’s One Act Team has won first place at competition which was held on Saturday, January 26, 2013. Director Jackie Whitacre, along with the cast and crew, traveled to St. Mary’s University in Winona, Minn. and put forth an award- ..... 
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Dorian Honor Band students from Fillmore Central announced

Fri, Feb 1st, 2013
Posted in Preston Education

The FCHS Band Department is proud to announce that the following students have been selected to participate in the 2013 Dorian Honor Band at Luther College on Sunday, February 24 and Monday, February 25. Approximately 625 musicians are chosen to p ..... 
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Gehling Auction Company celebrates 40th anniversary

Fri, Jan 25th, 2013
Posted in Preston Features

In 1973, Ron Gehling was looking for a place to start a business. He started selling farm machinery in Preston, Minn., which turned into Gehling Auction Company. Forty years later Ron Gehling is still selling farm machinery, but now additionally sel ..... 
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More than three years of growth for SMG Web Design in Southeast Minnesota

Fri, Jan 25th, 2013
Posted in Preston Features

SMG Web Design started out in 2009, the idea of Jason Sethre, the owner of the Fillmore County Journal. He saw there were people and businesses in the community that needed an online presence at a reasonable price. Michelle Haugerud was originall ..... 
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