03.b Ditch mowing communication from residents1
Kyle Morell
From:Colleen McLaughlin <
Sent:Wednesday, September 17, 2025 12:39 PM
To:Kyle Morell
Subject:Mowing on Oxboro Ave N
My name is Collen Kordosky, I live at 19225 Oxboro Ave N, I have repeatedly asked the city workers to not cut my
property adjacent to the road. I have asked not to spray and shred and mangle my trees systematically killing them.
This practice has only started in recent years and I have protested this process. I have been maintaining this area for
over 20 years. I cut my blvd on a weekly bases as do my neighbors. We spent the entire summer removing buck thorn
trees in this area . The City has killed 3 Oak trees that are over 100 years old on my land in recent years and others along
Oxboro Ave N. (7 trees so far). These trees have been inches to feet from the paved Oxboro for decades and decades
our blvds .This occurred because they cut in the heat of summer when oaks and other trees are most vulnerable which
could cause all the oaks on my property to get oak wilt. We have had to paint the damaged limbs to save the ones we
can. I am upset that this is occurring. I reiterate I have stopped the maintenance crews time and again over the past 5
to 6 years telling them to stop cutting and mowing, as has my husband , that they don t have right a way and they are
trespassing. I am maintaining this area stop cutting, mowing on my property. If you are claiming you own it now that
means you did not when I was asking you to stop and not trespass .
Thanks for your attenton
Colleen Kordosky
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b.eklund
From:Colleen Kordosky <
Sent:Friday, September 19, 2025 12:12 PM
To:mail
Subject:Bike trail
I am extremely opposed to any further bike trail improvements involving Oxboro ave n
1
b.eklund
From:Colleen Kordosky <
Sent:Friday, September 19, 2025 12:15 PM
To:mail
Subject:Opposed
I am opposed to further development of trail on Oxboro ave n.
Steve kordosky
1
Kyle Morell
From:Jeffery Dow <
Sent:Sunday, September 21, 2025 2:23 PM
To:Kyle Morell
Cc:
Subject:Sand Lake Road Easements Response
Dear Mr. Morell,
I hope this letter finds you well. On behalf of the Sand Lake Association, I am writing in response to the
recent correspondence regarding the alleged road easement along Oxboro Ave N. After thoroughly
reviewing the information and concerns raised by my neighbors and myself, I must express significant
concerns about the City’s position on this matter, as well as the actions taken by the City and its
employees. I believe that the City is attempting to claim an easement without following the appropriate
legal procedures, and I urge you to reconsider this course of action.
**Legal Precedent on Easements and Public Access**
As we discussed, the City is claiming that an easement exists along Oxboro Ave N through “Statutory
Dedication.” However, case law is clear that statutory dedication, and the imposition of easements by
governmental entities, cannot occur without clear, formal, and documented procedures. For example, in
the case of **Olmstead County v. United States** (1936), the U.S. Supreme Court held that government
entities must follow the condemnation process when seeking to take land for public use. This process
ensures fair compensation and protects the rights of landowners. Your assertion of an easement over
our properties is concerning, as there is no documented evidence or formal procedure indicating that the
property has been statutorily dedicated for public use.
Additionally, the Minnesota Supreme Court, in **Township of Deerfield v. Hook** (2001), reinforced the
idea that statutory dedication requires explicit intent and official documentation. The case found that
without formal proceedings, including public notice and approval, the government does not have the
right to claim an easement over private property. Similarly, in **State v. Mack** (1997), the court ruled
that long-term use of a property by the public does not automatically create an easement unless the
government follows the appropriate legal channels, including condemnation proceedings or formal
dedication.
Furthermore, in **Johnson v. City of Minnetonka** (2007), the Minnesota Supreme Court ruled that
simply maintaining a road or allowing public access over a property does not constitute an easement.
The City’s claim of an easement due to the maintenance of Oxboro Ave N for the past six years is not
supported by the law, as long-term maintenance alone does not create a valid easement under
Minnesota law.
**Property Rights and the City's Encroachment**
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Beyond the legal requirements for establishing an easement, I also have serious concerns about the
City’s actions regarding my property. The City has trespassed onto my land multiple times—most
recently, when a City worker attempted to brush hog beyond the road’s right-of-way. Despite my
requests for clarification and explanation from both the City and its employees, the City has not provided
any formal documentation or legal basis for its actions. I must stress that, as a property owner, I am
entitled to the peaceful enjoyment and use of my land without unauthorized interference from the City or
its agents.
**Schrom v. Crow Wing County** (2012) further supports this position, where the court ruled that
governmental entities must demonstrate clear and legal grounds for claiming an easement. The case
underscored that informal use of a path or road does not give the government an automatic right to claim
access over private land without legal action, including condemnation and compensation.
Additionally, **Henneman v. City of Minneapolis** (1986) reiterated that public use and maintenance of
property do not automatically translate into the government's right to claim an easement. As such, the
City’s claim to an easement over my property, based solely on its maintenance of Oxboro Ave N, is
legally unfounded.
**Impact of the City's Actions on Property Owners**
The City’s actions are not only legally questionable, but they also have serious implications for my
privacy, property value, and safety. The City’s continued encroachment onto my property without my
consent, as well as its attempt to create a public access point along Oxboro Ave N, threatens to
significantly diminish the value of my land and disrupt the peaceful enjoyment of my property.
Furthermore, the creation of a bike/walking trail along an unposted, hilly, and narrow road would create a
serious public safety hazard, as the road is unsuitable for pedestrian or cyclist traffic due to the lack of
shoulders, limited visibility, and high-speed vehicle traffic.
**VanLoon v. Minnesota Department of Natural Resources** (2003) clearly established that public
access to land requires adherence to due process, including public notice and legal procedures. The
City’s lack of such procedures in this case could be seen as a violation of both my rights as a property
owner and the public’s right to safe access.
**Request for Resolution**
Given the legal precedents and concerns outlined above, I respectfully request that the City:
1. Provide a detailed explanation of the legal basis for the claimed easement, including any
documentation that supports the assertion of a Statutory Dedication or similar right.
2. Cease any further actions or encroachments onto our properties until a clear and lawful easement is
established through the proper legal channels, including public notice, consent, and, if necessary,
compensation.
3. Reevaluate the safety, economical impact to property owners and legal implications of creating a
public access trail along Oxboro Ave N, particularly given the hazardous nature of the road for pedestrian
and cyclist traffic.
4. Meet with property owners along Oxboro Ave N to discuss the City’s intentions and allow for
community input before taking any further action.
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If the City intends to proceed with the creation of an easement or public access, I would appreciate a
formal meeting to discuss the matter in person. I believe that working together in a transparent and
legally compliant manner is in the best interest of all parties involved.
I look forward to your prompt response and a meaningful resolution to this matter. Thank you for your
attention to this important issue.
Sincerely,
Sand Lake Asscoiation