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Van Cleve, Gary A
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“I have chaired our Real Estate Litigation practice group for over 20 years. I am proud to lead this unique litigation practice group, which applies highly specialized knowledge and skills to today’s real estate and land use litigation problems.”

Gary A Van Cleve

Shareholder
p| 952-896-3277
f| 952-842-1720
Practice Description
The chair of Larkin Hoffman’s Real Estate Litigation practice group, Gary is a seasoned trial attorney and appellate advocate in all real estate-related litigation areas in state and federal court. He also has broad experience in alternative dispute resolution, including arbitration and mediation.  
Bar Admissions
Wisconsin, 1990
Minnesota, 1984
Iowa, 1980
U.S. District Court, District of Minnesota
U.S. Court of Appeals, 8th Circuit
U.S. District Court, Western District of Wisconsin
U.S. Court of Appeals, 7th Circuit
U.S. District Court, Northern District of Iowa

Professional Associations & Memberships
Larkin Hoffman Daly & Lindgren Ltd. 
     Chair, Real Estate Litigation Department
     Board of Directors, 2002-2008
Bloomington Sister City Organization Board Member
Medtronic Twin Cities in Motion Community Partners
     College Scholarship and Medtronic Global Heroes Selection Committee
Larkin Hoffman MS 150 Team Captain for Team Larkin Hoffman 
     2008 recipient of "Most Improved Team" award
     2008 recipient of inaugural Bike MS Cup
     Five-time rider in MS 150 charity bike ride

Education
University of Iowa College of Law, Iowa City, IA, 1980 J.D.
     Honors: With Distinction
University of Wisconsin, Madison, WI, 1977 B.A.
     Honors: With Honors

Certifications
Minnesota State Bar Association
      Board Certified Civil Trial Specialist 
      Board Certified Real Property Specialist
Board Certified Civil Trial Advocate    
      by the National Board of Trial Advocacy
Minnesota Rule 114 Qualified Neutral

Past Employment Positions
Special Assistant Attorney General, State of Minnesota, 1983 - 1987
Law Clerk, Senior U.S. District Judge William C. Hanson, Northern and Southern Districts of Iowa, 1980- 1983

Honors
AV® Preeminent Rating, by Martindale-Hubbell, 16 years 
Super Lawyer,® Super Lawyers magazine, 2005-2013
     Top 40 Real Estate Lawyer, Super Lawyers magazine
     (formerly known as Minnesota Law & Politics magazine)
Super Lawyer,® Super Lawyers Corporate Counsel Edition,
    
Real Estate, 2009-2010

Speaking and Teaching Engagements
Adjunct Professor, Land Use Law
     University of St. Thomas Law School
Lecturer "Some Things Are (Still) Tough to Admit: Anda May Not Open
     the Evidentiary Floodgates for Jury Trials," HCBA CLE, April 2012
Lecturer on Special Assessment Appeals,
     Minnesota Real Estate Exchangors Association, June 2008
Lecturer on tenant's right to just compensation, 
     "Unique Pitfalls of Real Estate Litigation," HCBA CLE, October 2008 
2008 Minnesota Real Estate Institute CLE Panelist,
     "2008 Land Use and Eminent Domain Update," November 2008
Lecturer, "Impact Fees and Exactions,"
     Builders Association of the Twin Cities, November 2008
2009 Residential Real Estate Summit Panelist,
     "Legal Strategies in a Down Market",
     Topic:  "Are My Property Taxes Too High?"

Articles
"When Special Assessments Collide with Road Impact Fees: the Limits of Local Government's Legal Taxing Authority for Road Improvements", The Hennepin Lawyer, March 2009


Service Areas
  Litigation
  Real Estate, Land Use and Resources



Related Experience
Landowner Granted Access to Landlocked Parcel after MNDOT Failed to Comply with MN Statute
Julie Nagorski and Gary Van Cleve recently secured a Minnesota Court of Appeals decision in favor of their client, a landowner seeking approval from the Minnesota Department of Transportation for access to his landlocked parcel of property located on a highway frontage road. 

Ordinance Banning Billboard Extensions Ruled Unlawful
Property owners opposed to a city ordinance contacted Larkin Hoffman for litigation support. The Minnesota city had attempted to enforce an ordinance banning billboard extensions and a billboard owner had challenged the ordinance in federal district court as unconstitutional and unenforceable because the city adopted it without first discussing its advantages and disadvantages. 

Successful Jury Verdict in Transportation Case
After battling the Minnesota Department of Transportation for nearly eight years in his attempt to seek just compensation for the client’s land that was taken for a highway project, this client turned to Larkin Hoffman for litigation support.



Related Articles
No Robbing Peter to Pay Paul: Court Holds Property Owner Cannot Rely on Cross-Parking Easement With Adjacent Shopping Center to Meet Parking Requirements for New Use
Many shopping center owners have reciprocal or cross-parking easement agreements with free-standing property owners located either within or adjacent to the shopping center parking lot. The Minnesota Court of Appeals held in a recent decision, reversing the district court, that the owner of the free-standing site cannot rely on a cross-parking easement agreement with a shopping center to meet city parking requirements for a new parking-intensive use on the free-standing site.

Van Cleve Discusses Lawsuit Regarding a Rochester Shopping Development
Gary Van Cleve was quoted in a PostBulletin.com article discussing a case between Franklin and Bonnie Kottschade and MnDot. Van Cleve is representing the Kottschades' who have been in legal battles with MnDot since 2003. Currently, the Kottschades' are seeking the right to install a driveway in front of the northwest Rochester shopping development.

Read the full article, Developer Says Loss of Driveway Stalled Rochester Shopping Center, on the PostBulletin.com website.

Thinking About A Property Tax Appeal? Be Prepared (in some cases) To Make Financial Disclosures
The economic recession and the bursting of the real estate bubble have created great hardships for many property owners, if there is any silver lining, it is that there are great opportunities for owners to reduce their property taxes by challenging the assessed values of their properties for tax purposes. Owners of “income-producing” properties (properties that produce revenue through rents) who are considering filing a tax petition should be mindful that a legal requirement to pursuing such an appeal is that certain financial information must be produced to the taxing authority within a certain period of time after filing the petition—upon pain of dismissal for failure to do so.

Court Rules Ex-Wife Cannot 'Lean' on Lien Defense To Avoid Personal Judgment
If a husband in a divorce settlement gives up his marital interest in the homestead to his wife and receives a lien on the homestead in excess of $67,000, is the husband’s only remedy if the wife does not pay to foreclose his lien on the homestead?

Developer Who Sued State Gets $8 Million Jury Award
A Rochester real estate developer won a multimillion-dollar jury verdict this week in a years-long eminent domain dispute with the state of Minnesota.

Nonresident Parent Companies May be Liable for Claims Against Their Minnesota subsidiaries Under New Court of Appeals Ruling
The Minnesota Court of Appeals recently ruled that a nonresident parent company may be subject to suit in Minnesota for damages claims against its insolvent Minnesota subsidiary company. The decision would appear to defeat a primary reason for forming a separate subsidiary business entity: the protection of related entities and their assets from potential liability arising from the business operations of the subsidiary.

Property Owners’ Condemnation Bill of Rights
As a Minnesota property owner, you have certain constitutional and statutory rights when a local, county, or state government proposes to take your private property for a public purpose. Here is a list that we call our “property owners’ bill of rights” to inform and remind you of these rights.

Court to Township: Not a Smart Way to Establish a Cartway
"Cartway” is an anachronistic term that invokes pastoral images of hay-laden oxcarts lumbering down country roads. But the term cartway has real meaning in Minnesota law, referring to the procedure by which a property owner with no legal access to a public road may petition the local township to provide the owner with access—termed a “cartway” in Minnesota statutes. Cartway law attempts to balance the tension between the right of a landlocked property owner to establish access to a public road through neighboring properties, against the rights of the neighboring property owners not to be unduly disturbed and damaged by the establishment of the access.

In July, the Minnesota Supreme Court decided a case that addressed this balancing act and concluded, on the one hand, that a landlocked property owner must be given a “meaningful” cartway access, but on the other hand, the courts cannot dictate where that access should be.



Supreme Court Holds DNR Without Authority to Intervene in Local Zoning Decisions in Lower St. Croix River Area
The Minnesota Supreme Court has decided two recent cases that will remove a layer of governmental review from zoning requests by property owners in the Lower St. Croix River valley.

Is a Home Mortgage Enforceable if Only One Spouse Has Signed It?
Can a home mortgage be enforced if only one spouse signed it? The answer is, “it depends,” according to two recent decisions by the Minnesota Court of Appeals.

Road Improvements: When Are Special Assessments Legitimate?
Gary A. Van Cleve authored "Road Improvements: When Are Special Assessments Legitimate?" that was published in the March issue of Hennepin Lawyer.


Related News
Nineteen Larkin Hoffman Attorneys Named 2013 Super Lawyers or Rising Stars
Larkin Hoffman Daly & Lindgren Ltd. is proud to announce that 19 of its attorneys have been selected for inclusion in the 2013 Minnesota edition of Super Lawyers®.

Supreme Court Decision Involving Wetlands Helpful to Developers
On June 25th, 2013 the Supreme Court of the United States expanded the circumstances under which the government may be liable for overreaching in making demands from a property owner as conditions for a permit approval.

Fourteen Larkin Hoffman Attorneys Named 2012 Super Lawyers
Larkin Hoffman Daly & Lindgren Ltd. is proud to announce that fourteen of its attorneys have been selected by their peers for inclusion in the 2012 edition of Minnesota Super Lawyers.

Van Cleve Recertified as Real Property Law Specialist
Gary Van Cleve has been recertified by the Minnesota State Bar Association as a MSBA Board Certified Real Property Specialist.

Eminent Domain Verdict Featured in National Publication
The verdict in a recent case between a Rochester real estate developer and the state of Minnesota was featured in the National Jury Verdict Review & Analysis. Larkin Hoffman attorneys Gary Van Cleve and Rob Stefonowicz represented the developer who received a $7.845 million jury award. Click here  to view the article.

Fourteen Larkin Hoffman Attorneys Named Super Lawyers
Larkin Hoffman Daly & Lindgren Ltd. is proud to announce that fourteen of its attorneys have been selected by their peers for inclusion in the 2011 edition of Minnesota Super Lawyers.®

Mechanic's Lien Case Verdict Reached
A Rochester housing developer represented by Gary Van Cleve and Rob Stefonowicz won a multimillion-dollar jury verdict in a year-long eminent domain dispute with the state of Minnesota.

Thirteen Larkin Hoffman Attorneys Named to the 2010 Super Lawyers List
Larkin Hoffman congratulates 13 attorneys as 2010 Super Lawyers.

Van Cleve and Korstad Designated as Qualified Rule 114 Neutrals
Gary Van Cleve and Greg Korstad have been designated as Minnesota State Court Administrator qualified Rule 114 neutrals and are listed in the Rule 114 neutral roster. Both are available to mediate and arbitrate civil disputes in the real estate and land use areas.

Should You Appeal Your Property Tax Assessment?
Commonly asked questions and answers in deciding if your property as been accurately assessed and what options can be pursued if you feel your property tax is too high.

Four Larkin Hoffman Attorneys Included in 2010 Super Lawyer Corporate Counsel Edition
Four Larkin Hoffman attorneys were selected for inclusion in the May/June 2010 Super Lawyers Corporate Counsel Edition. ® Tim Stoltman, Jim Susag, and Gary Van Cleve were selected in the Real Estate area, and Peter Coyle was selected in Land Use/Zoning area.

Larkin Hoffman Congratulates 12 Attorneys as 2009 Minnesota Law & Politics Super Lawyers
Larkin Hoffman is pleased to announce that Dan Ballintine, Ken Corey-Edstrom, Peter Coyle, Joe Fittante, Chris Harristhal, Frank Harvey, Chuck Modell, Dayle Nolan, Jim Quinn, Tim Stoltman, James Susag and Gary Van Cleve have been named as Super Lawyers® by Minnesota Law & Politics magazine.

Four Attorneys Included in Super Lawyers Corporate Counsel Edition
Peter Coyle, Gary Renneke, Tim Stoltman and Gary Van Cleve were selected for inclusion in the Super Lawyers Corporate Counsel Edition® May/June 2009 issue as top attorneys in land use/zoning and real estate law.

Larkin Hoffman Client Prevails in Long Fought Takings Case, Noted by National Association of Home Builders
Larkin Hoffman client and Legal Action Network for Development Strategies member, Frank Kottschade, obtained new life in his unconstitutional takings lawsuit against the City of Rochester as a result of a Minnesota Court of Appeals decision reversing a lower court dismissal of Kottschade’s lawsuit against the City because the lower court concluded that Kottschade had waited too long to sue. Kottschade v. City of Rochester, App. Ct. No. A08-0143 (Minn. App. Feb. 10, 2009). 

Larkin Hoffman Congratulates 13 Attorneys as 2008 Minnesota Law & Politics Super Lawyers
Thirteen Larkin Hoffman shareholders are added to the 2008 Minnesota Law & Politics Super Lawyers list.

Larkin Hoffman Win Saves Land Developer $1M in Taxes
In a recent case in Olmsted County, the district court ruled that a city over-assessed the value of undeveloped land by more than $1 million when it levied over $1.7 million in special assessments against the land. Larkin Hoffman was able to save the client more than $1 million in taxes.

Four Larkin Hoffman Attorneys Achieve Real Property Specialist Certification
Ryan Boe, Tamara O'Neill Moreland and Jim Susag have joined colleagues Gary Van Cleve, Tim Stoltman, Tom Alexander and Gary Renneke as MSBA Board Certified Real Property Specialists.

Van Cleve Accepted as LANDS Member
Gary Van Cleve has been accepted as the newest member of LANDS—the Legal Action Network for Development Strategies—a Washington, D.C.-based national group of land use and environmental attorneys who represent the building industry.

Van Cleve Completes 2007 Senshu International Marathon
Van Cleve featured in December/January 2008 issue of Minnesota Law & Politics.

Larkin Hoffman Congratulates 14 Super Lawyers
Fourteen Larkin Hoffman shareholders are named 2006 Super Lawyers by Minnesota Law & Politics magazine.

Larkin Hoffman Covers Eminent Domain Legislation in MN
Larkin Hoffman attorneys and Rick Collins, Vice President of Development at Ryan Companies, discussed the new eminent domain legislation in Minnesota.

Larkin Hoffman Attorneys Discuss Eminent Domain with Realtors
Larkin Hoffman Land Use and Real Estate Litigation attorneys presented "Eminent Domain in Minnesota" to the Southern Twin Cities Association of Realtors.

Van Cleve Helps Minnesota Bee Keepers Settle Claims with DNR
Gary Van Cleve helped Minnesota bee keepers reach a settlement with the DNR for losses incurred from negligent pesticide spraying.

Larkin Hoffman wins case in favor of Minnesota Bee Keepers
Gary Van Cleve, real estate litigator at Larkin Hoffman, represented three Minnesota beekeepers who sued the DNR and International Paper for spraying pesticides that contaminated the beekeepers’ foraging bees.

Stoltman Reelected President; Board Members Elected
Larkin Hoffman is pleased to announce that Thomas "Tim" P. Stoltman has been reelected to serve as the firm's president for another one-year term. Stoltman is a shareholder in Larkin Hoffman's Real Estate Department and has served as the firm's president since 2000. In addition, Peter J. Coyle and Gary A. Van Cleve were reelected to another term on the Board of Directors, and Paul B. Plunkett was elected to a new term on the Board. They join currently-serving directors Terrence E. Bishop, William C. Griffith and Andrew F. Perrin.

Larkin Hoffman Wins Favorable Decision for Chicago Title and Investments
Larkin Hoffman attorneys Gary A. Van Cleve and Christopher J. Deike recently received a favorable decision for their client, Chicago Title Insurance Company and MM&S Investments Corporation (formerly known as Miller & Schroeder Investments Corp.) from the Minnesota Court of Appeals.

Larkin Hoffman Wins Real Estate Litigation Cases
Larkin Hoffman attorneys Gary A. Van Cleve and Christopher J. Deike recently won a summary judgment motion in Dakota County District Court concerning a dispute over the enforceability of two purchase agreements for developable land in Farmington and Rosemount.


Related Events
Eminent Domain 2011: Essential Updates and Issues
Michael Mergens and Gary Van Cleve will present at the Hennepin County Bar Association's Eminent Domain Seminar Friday, May 6 from 8:00 - 4:00 P.M. To learn more about this event and to register, see attached flyer or click here.

Van Cleve to Present at Land Use and Zoning Law Litigation Seminar
Gary A. Van Cleve is scheduled to present on "Judicial Appeals of Administrative Zoning Decisions," part of a one-day live seminar on Land Use and Zoning Law Litigation hosted by the National Business Institute.

Van Cleve to Present at HCBA CLE
Gary A. Van Cleve will be presenting at the March 25th Hennepin County Bar Association CLE program, entitled "Avoiding Trial by Fire: Preparing for Your First Condemnation Jury Trial."

Van Cleve and Boe on Panel Discussing Property Tax Appeals and Rights
Gary A. Van Cleve and Ryan N. Boe were panelists at a Lakeville Chamber of Commerce Government Affairs Committee Meeting on March 19, 2009. The topic of the panel discussion was property tax appeals and rights.

Van Cleve Presents to Minnesota Paralegals Association
Gary A. Van Cleve was invited to present on Eminent Domain Law and Practice in Minnesota at a Real Estate Sectional meeting of the Minnesota Paralegal Association on February 18, 2009. 

Larkin Hoffman Attorneys Present at Residential Real Estate Summit
Tom Alexander, Peter Coyle, Bill Griffith and Gary Van Cleve discuss legal strategies utilized in a down market at the 2009 Residential Real Estate Summit.

Larkin Hoffman Real Estate Attorneys Present at MREE Event
Gary Van Cleve, Rob Stefonowicz and Mike Mergens discuss property tax and special assessment appeals at the Minnesota Real Estate Exchangors (MREE) networking event.

Real Estate Litigation Seminar Series
Larkin Hoffman presents a seminar series for property owners, business owners and real estate professionals on issues in real estate litigation.

Eminent Domain Legislation in Minnesota
Join Larkin Hoffman attorneys and Rick Collins, Vice President of Development at Ryan Companies, as they discuss the new eminent domain legislation in Minnesota. This seminar will review the new law and the impact it will have on real estate development, small businesses, land owners and city and state officials in Minnesota.

         

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