Abby Nadeau
Staff Writer

After 15 years of mowing and grooming ìhisî property, Lee Bakewell discovered the land he believed belonged to him, was never his in the first place.

Now, he is suing Fairview Hospitals and Duffy Development for proper ownership of a 2 acre land parcel.

On Friday, April 21 Bakewell filed suit against the hospital and developer claiming ìAdverse Possessionî and ìBoundary by Practical Location.î

Bakewell is the owner of Kilkenny Courts, a 92-unit assisted living complex off of Southeast 4th St., next to Duffyís soon-to-be affordable housing complex Forest Ridge Townhomes.

The future Forest Ridge complex, which will sit on 5.3 acres, is divided by natural wetlands.

The acres Bakewell is suing for rests on the south side of the wetland, adjacent to his property.

Ronan Blaschko, Bakewellís attorney from the law offices of Swanson, Drobnick and Tousey, stated that adverse possession basically means that ìif someone has spent 15 years in possession and control of a parcel of land, by state statute they become the owner.î

Blaschko went on to explain that the second claim, boundary by practical location, adjusts the boundary line between either landowner.

If the property owner were to sit by for at least the statutory time limit and allow the other landowner to maintain the boundary, without saying anything, a new boundary line could be adopted.

When Bakewell purchased the property in 1986 the ìland was taken care of by the owners. Paved pathways were already installed on the other

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property.î

Bakewell said that approximately 100 residents, age 62 and older, at Kilkenny have been enjoying the pathways for the last 15 years.

ìThe natural land looks like the property would belong to us,î Bakewell said. ìIíve spent the last 15 years grooming the land, I always thought it was ours.î

However it wasnít until Bakewell noticed blaze orange stakes placed all over the north side of ìhisî land that he became concerned.

Property Owners

While the property has been sold to Duffy Development, at the time the suit was filed Fairview Hospitals still owned the land.

ìWe know that when Fairview closed on the property and sold it to Duffy, it was subject to our claim,î Blaschko said.

However, neither owners, Fairview nor Duffy believe the suit to be a threat.

Fairview President Dan Anderson stated that ìWe [Fairview] believe the suit is without merit. Fairview is requesting the suit be overturned.î

John Duffy, president of Duffy Development, agreed.

ìThere is no merit to the suit,î Duffy said. ìThis is just one more person going after the land.î

Although the Old District Memorial Hospital grounds have been extremely controversial over the last several months Bakewell is quick to point out he is not against Duffyís affordable housing complex.

ìI donít have an ax to grind with them [Duffy],î Bakewell said. ìI just want to preserve the property for our residents.î

Bakewellís claims have been assigned to Washington County Judge Kenneth Jorgensen, but no hearings have been scheduled.

Fairview Hospitals and Duffy Development had 20 days, until May 15, to respond to the claims.

As of Tuesday, May 16, neither company has replied.

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Forest Lake Times
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Forest Lake, MN 55025
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