Court File No.: 62-CV-26-723
IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES
NOTICEState of Minnesota, County of Ramsey, In District Court, Second Judicial District, Case Type: Condemnation
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Brad A. Lesnick, et al.
Respondents.
To the Respondents hereinabove named:You, and each of you, are hereby notified that on May 14, 2026, at 9:00 a.m., or as soon thereafter as counsel can be heard, before Judge Adam Yang, in the Courthouse at St. Paul, Ramsey County, Minnesota, via remote hearing, the Petitioner will present a Petition now on file herein for the condemnation of certain lands for trunk highway purposes. This hearing will not be in person at the Courthouse. Instructions for attending the remote hearing may be obtained from Beltrami Court Administration. The remote hearing may be accessed by video at https://Zoomgov.com/join, or by phone at 833-568-8864. For either method, the Meeting ID is 161 199 1203 and the Meeting Password is 358966. A copy of the Petition is attached hereto and incorporated herein.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that Petitioner will also move the court for an order transferring title and possession to Petitioner of the parcels described in the Petition in accordance with Minn. Stat. §117.042, as of June 8, 2026.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE AREA BEING ACQUIRED AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM THE AREA BEING ACQUIRED ON OR BEFORE JUNE 8, 2026. All advertising signs or devices located in the area being acquired must be removed by June 8, 2026.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that (1) a party wishing to challenge the public use or public purpose, necessity, or authority for a taking must appear at the court hearing and state the objection or must appeal within 60 days of a court order; and (2) a court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party.
Dated: February 3, 2026KEITH ELLISON
Attorney General
State of Minnesota
/s/Mathew Ferche
MATHEW FERCHE,
Assistant Attorney General
Atty. Reg. No. 0391282
445 Minnesota Street, Suite 600
St. Paul, MN 55101-2125
(651) 757-1457 (Voice)
(651) 282-2525(TTY)
ATTORNEY FOR PETITIONERCourt File No.: 62-CV-26-723
State of Minnesota, County of Ramsey, District Court, Second Judicial District, Case Type: Condemnation
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Brad A. Lesnick, Kory L. Lesnick, PHH Mortgage Corporation, dba PHH Mortgage Services, Mortgage Electronic Registration Systems, Inc., County of Ramsey, JBJ Dining Inc., DBA 5-8 Tavern & Grill, also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described herein,
Respondents.
- - - - -
IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES
- - - - -
PETITION
- - - - -
To the District Court above named the State of Minnesota brings this Petition and respectfully states and alleges:
I.
That Trunk Highway numbered 5, being Route numbered 45, has been located according to law and passes over the lands herein described.
That it is duly covered by Right of Way Plat Order numbered 101208.
II.
That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain the lands herein described in fee simple absolute as to Parcel 227 and a temporary easement as to Parcel 302, together with the following rights: to acquire all trees, shrubs, grass and herbage within the right of way herein to be taken, and to keep and have the exclusive control of the same.
Petitioner hereby moves the court for an order authorizing the Court Administrator to accept and deposit payments from the Petitioner to the court pursuant to Minn. Stat. § 117.042.
Petitioner hereby moves the court for an order transferring title and possession of the parcels herein described, prior to the filing of an award by the court appointed commissioners, pursuant to Minn. Stat. §117.042.
Further, Petitioner hereby moves the court for an order requiring the parties to exchange any appraisals at least 14 days prior to a commissioners' hearing, pursuant to Minn. Stat. § 117.036.
The Petitioner reserves its right to recover costs of clean up and testing and all other damages arising from the presence of pollutants, contaminants, or hazardous materials on the property described herein, from all potential responsible parties, including respondents herein where appropriate, in a separate legal action to the extent permitted by law.
III.
That the following described lands in these proceedings taken are situated in Ramsey County, Minnesota; that the names of all persons appearing of record or known to your Petitioner to be the owners of said lands or interested therein, including all whom your Petitioner has been able by investigation and inquiry to discover, together with the nature of the ownership of each, as nearly as can be ascertained, are as follows:
FEE ACQUISITION
Parcel 227 C.S. 6230 (5=45) 903
S.P. 6230-33RW
All of the following:
That part of Lot 3, AUDITOR'S SUBDIVISION NO. 77, shown as Parcel 227 on Minnesota Department of Transportation Right of Way Plat Numbered 62-92 as the same is on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota.
Names of parties interested in the above-described land and nature of interest:
Brad A. Lesnick
Kory L. Lesnick Fee
PHH Mortgage Corporation, dba PHH Mortgage Services Mortgage
Mortgage Electronic Registration Systems, Inc.
County of Ramsey Taxes and Special Assessments
Parcel 302 C.S. 6230 (5=45) 903
S.P. 6230-33RW
All of the following:
A temporary easement for highway purposes in that part of Lots 13 and 14, MINNEHAHA SUBURBAN HEIGHTS, shown as Parcel 302 on Minnesota Department of Transportation Right of Way Plat Numbered 62-92 as the same is on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2028, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above-described land and nature of interest:
JBJ Dining Inc., DBA 5-8 Tavern & Grill Fee
County of Ramsey Taxes and Special Assessments
WHEREFORE, Your Petitioner prays that the Court grant this petition, that commissioners be appointed to appraise the damages which may be occasioned by such taking, and that such proceedings may be had herein as are provided by law.
Dated: January 29, 2026
KEITH ELLISON
Attorney General
State of Minnesota
/s/Mathew Ferche
MATHEW FERCHE
Assistant Attorney General
Atty. Reg. No. 0391282
445 Minnesota Street, Suite 600
St. Paul, Minnesota 55101-2125
(651) 757-1457 (Voice)
(651) 297-4077 (Fax)
mathew.ferche@ag.state.mn.us
ATTORNEY FOR PETITIONER
101102
MINN. STAT. § 549.211
ACKNOWLEDGMENT
The party or parties on whose behalf the attached document is served acknowledge through their undersigned counsel that sanctions may be imposed pursuant to Minn. Stat. § 549.211.
Dated: January 29, 2026
KEITH ELLISON
Attorney General
State of Minnesota
/s/Mathew Ferche
MATHEW FERCHE
Assistant Attorney General
Atty. Reg. No. 0391282
445 Minnesota Street, Suite 600
St. Paul, Minnesota 55101-2125
(651) 757-1457 (Voice)
(651) 297-4077 (Fax)
mathew.ferche@ag.state.mn.us
ATTORNEY FOR PETITIONER(March 30-April 6-13)
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