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RKL Landholding, LLC v. Ramsey County Board of Commissioners

Court of Appeals of Minnesota

July 22, 2013

RKL Landholding, LLC, Relator,
v.
Ramsey County Board of Commissioners, Respondent.

UNPUBLISHED OPINION

Board of Ramsey County Commissioners

Kirk M. Anderson, Anderson Law Firm, PLLC, Minneapolis, Minnesota (for relator)

John J. Choi, Ramsey County Attorney, James A. Mogen, Assistant County Attorney, St. Paul, Minnesota (for respondent)

Considered and decided by Hudson, Presiding Judge; Stauber, Judge; and Toussaint, Judge.

Toussaint, Judge[*]

Appellant appeals by writ of certiorari respondent's denial of its request to repurchase tax-forfeited property. We affirm.

DECISION

Generally, review by writ of certiorari is limited to an inspection of the record of the inferior tribunal in which the court is necessarily confined to questions affecting the jurisdiction of the board, the regularity of its proceedings, and, as to merits of the controversy, whether the order or determination in a particular case was arbitrary, oppressive, unreasonable, fraudulent, under an erroneous theory of law, or without any evidence to support it.

In re Jensen Field Relocation Claims Jensen Field, Inc., 817 N.W.2d 724, 729 (Minn.App. 2012) (quotation omitted).

Minnesota Statutes section 282.241, subdivision 1 (2012) provides that:

The owner at the time of forfeiture . . . may [generally] repurchase any parcel of land claimed by the state to be forfeited to the state for taxes . . . for the sum of all delinquent taxes and assessments . . . together with penalties, interest, and costs, that accrued or would have accrued if the parcel of land had not forfeited to the state. . . . [R]epurchase is [generally] permitted . . . only after the adoption of a resolution by the board of county commissioners determining that by repurchase undue hardship or injustice resulting from the forfeiture will be corrected, or that permitting the repurchase will promote the use of the lands that will best serve the public interest.

Section 282.241, subdivision 1, must be given "full effect whenever reasonably possible because the statute is remedial in purpose." Radke v. St. Louis Cnty. Bd., 558 N.W.2d 282, 284 (Minn.App. 1997).

The Ramsey County Board of Commissioners (the board) denied the request of RKL Landholdings (RKL) to repurchase tax-forfeited property because of the long history of nuisance and public safety concerns associated with the property during RKL's ownership. RKL argues that the board erred because RKL had funds to repurchase the property, and as a remedial statute, that is all Section 282.241, subdivision 1 requires. RKL cites no legal authority to support its argument. Moreover, the plain language of the statute states that "repurchase is permitted only after" the board adopts a resolution that repurchase would correct a hardship or be in the public interest. Minn. Stat. § 282.241, subd. 1 (emphasis added). While we construe the statute broadly because it is remedial in nature, Radke, 558 N.W.2d at 284, the plain language of the statute contradicts RKL's argument, and therefore RKL's argument is ...


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