In re the Matter of the Annexation of Certain Real Property to the City of Proctor from Midway Township
of Appeals Office of Appellate Courts
Kenneth D. Butler, Kenneth D. Butler, Ltd., Duluth,
Minnesota, for appellant Midway Township.
B. Johnson, Duluth City Attorney, Nathan N. LaCoursiere,
Assistant City Attorney, Duluth, Minnesota, for appellant
City of Duluth.
H. Bray, Maki & Overom, Ltd., Duluth, Minnesota, for
respondent City of Proctor.
Ellison, Attorney General, Nathan J. Hartshorn, Assistant
Attorney General, Saint Paul, Minnesota, for respondent
Office of Administrative Hearings.
M. Fenske, Minnesota Association of Townships, Saint Michael,
J. Thomson, Kennedy & Graven, Chartered, Minneapolis,
Minnesota, for amicus curiae Minnesota Association of
Elizabeth A. Wefel, Flaherty & Hood, P.A., Saint Paul,
Minnesota, for amicus curiae Coalition of Greater Minnesota
orderly annexation agreement under Minn. Stat. §
414.0325 (2018) does not preclude otherwise lawful
annexations by ordinance under Minn. Stat. § 414.033
(2018) by non-parties to the agreement.
Township and the City of Duluth entered into an orderly
annexation agreement pursuant to Minn. Stat. § 414.0325
(2018) regarding certain designated property in Midway and
governing future annexations of that property by Duluth.
After the orderly annexation agreement took effect, the
owners of some of the designated property petitioned the City
of Proctor, a non-party to the agreement, to annex their
property by ordinance pursuant to Minn. Stat. § 414.033
(2018). Proctor did so. The Chief Administrative Law Judge
("ALJ") approved the annexation, but the district
court vacated the order, concluding that an orderly
annexation agreement precludes annexation by ordinance of
property within the designated area by a non-party to the
agreement. The court of appeals reversed. Because we conclude
that an orderly annexation agreement does not limit the
authority of non-parties to the agreement to annex by
ordinance property subject to the agreement, we affirm.
relevant facts are undisputed. In 2013, Duluth and Midway
entered into an orderly annexation agreement pursuant to
Minn. Stat. § 414.0325 regarding a certain
"designated area" in Midway. See Minn.
Stat. § 414.0325, subd. 1(b) (explaining that the
property subject to an orderly annexation agreement is
referred to as a "designated area"). The real
property at issue in this case (the "subject
property") consists of approximately 92 acres located in
the designated area. The owners of the subject property
requested that Proctor annex the property ...