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Colonywood Apartments College Drive project lawsuit dismissed

Posted: July 27, 2011 - 1:08pm

Crow Wing County Judge Erik Askegaard on Tuesday issued an order dismissing claims against the city of Brainerd made by the owners of the Colonywood Apartments regarding the College Drive improvement project. 

The owners of the apartment complex claimed a petition for the project made by Central Lakes College and accepted by the city was invalid because the college was not an actual owner of the property abutting College Drive and therefore wasn’t subject to special assessments.

In his order granting summary judgment for the city, Askegaard wrote there is no definition in state statute defining the term “owner” and in this case the city’s actions in accepting the petition and ordering in the project were acceptable because it was undisputed that the college owned about 40 acres of frontage abutting the project area.

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