Re:View Summer 2011

06/29/2011 / Real Estate & Land Use Practice Group




·         2011 Legislative Update

·         Announcements




2011 Legislative Update
by Julie Perrus


As of this update, state government is inching closer to a shutdown on July 1st. With no budget solution in place, and the Republican legislative leadership ideologically divided from the DFL Governor on a plan for the next biennium, it may seem premature to provide a report on the 2011 legislative session. 

On Tuesday, Ramsey County District Judge Bruce Christopherson ruled that courts would remain open in the event of a shutdown. He stated in his ruling that the consequences of closing the courts would be “irreparable and inestimable.” 

Today, Ramsey County Chief Judge Kathleen Gearin ruled on the Petition of Attorney General Lori Swanson. Judge Gearin’s determination of what is a “core function” of government establishes what portions of government, outside of the courts, will be open during a shutdown.


Public-Private Financing Comes Together for
Radisson Blu Hotel at Mall of America

by Bill Griffith


Radisson Blu Hotel broke ground in May at Mall of America on what is the first hotel to be directly connected to the 4.2 million square foot retail and entertainment complex in Bloomington, Minnesota.  Plans for a full service hotel at Mall of America date back to the original 1985 proposal by Triple Five, yet it took a unique combination of public and private financing to underwrite construction in today’s tough economic climate.


The 500-room upscale hotel was first proposed by Minneapolis-based Mortenson Development prior to the 2008 credit freeze that stopped financing on all major development projects, including the proposed hotel.  In 2010, Mall of America, led by Larkin Hoffman attorneys, joined with members of the building trades to seek passage of the 2010 Jobs bill.  When Governor Tim Pawlenty signed the measure on April 1, 2010, a number of stalled projects were given new life, including the Mall hotel.




2011 Legislature Produced Key Improvements In Environmental Permitting and Environmental Review
by Peder Larson


The 2011 legislative session began as the “Jobs Session” ended in disagreement over the next state budget. In between, legislators and the Governor worked together to adopt important improvements to Minnesota’s environmental permitting and environmental review processes. The changes had broad bipartisan support, a good sign for those who believe that Minnesota’s regulatory system needs updating to match the needs of Minnesota businesses competing in a global economy.



  • St. Paul Mayor Chris Coleman recently appointed Larkin Hoffman attorney, Julie Perrus, to the City of St. Paul Planning Commission. The Planning Commission is a twenty-one member advisory body appointed by the Mayor and approved by the City Council.
  • Ryan Boe and Brad Hintze recently presented a CLE entitled "Commercial Real Estate Transactions: Best Practices and Tips" to members of the Hennepin County Bar Association.
  • Peder Larson discussed the shortcomings of waste regulation of mercury in the Enviromental Protection Magazine.
  • Thomas Alexander was elected to the International Association of Attorneys and Executives in Corporate Real Estate (AECRE) in April. AECRE provides a collegial forum for real estate executives and attorneys to explore corporate real estate issues of common interest. This not-for-profit association provides its members with a senior-level network of executives and attorneys who share professional concerns in the field of corporate real estate.
  • Greg Korstad represented a construction industry client in obtaining state and local government approvals for the development of a 280 acre gravel mine and a 40 acre landfill for disposal of construction demolition and industrial wastes.  The project took was complicated by a state moratorium on waste facility development enacted during the preparation of an EIS and required development of strategic approaches to on-site wetlands, a nearby calcareous fen, and public opposition.




Contact Our Real Estate and Land Use Attorneys:

Email 952.896.3375 

Email 952.896.3290



Email 952.896.3257 

Email 952.896.3390 

Bradley Hintze

Email 952.896.1524 



Julie Perrus

Email 952.896.3308 


Email 952.896.3214 

Robert Hoffman

Email 952.896.3213 



Email 952.896.3238 

Linda Fisher

Email 952.896.3210 

Gregory Korstad

Email 952.896.3292 



Email 952.896.3267 


This alert is provided as a service to our clients and firm associates. While the information provided in this publication is believed to be accurate, it is general in nature and should no be construed as legal advice