Gary A. Van Cleve is a seasoned trial attorney and an appellate advocate handling a full range of real estate-related litigation. Gary focuses on representing property owners in: (1) condemnation actions where either the government or a utility company takes private property for a public use through its power of eminent domain, (2) land use disputes with local governments typically involving zoning or permitting issues, and (3) property tax appeals. Gary is the chair of Larkin Hoffman’s real estate litigation practice group.
Constitutional Challenge in Minnesota Mining Matter. Representation of property owners on constitutional challenge to county ordinance that banned industrial sand mining for out-of-state uses, but allowed the same type of mining for local, construction uses. Challenge based upon due process, equal protection and dormant Commerce Clause violations.
Compensation for Property Taken. Obtained a $650,000 jury award in March 2016 for a Rochester property owner and developer whose access to a highway frontage road was taken by the Minnesota Department of Transportation (MnDOT).
Inverse Condemnation Claims. Won summary judgment in two separate inverse condemnation actions where the court held that the loss of the client’s highway access was a compensable taking of a property right and ordered MnDOT to commence condemnation proceedings to determine the just compensation that must be paid to the client for the loss of access.
Property Tax Counsel to Fortune 100 Company. Representing Twin Cities-based Fortune 100 company on property tax issues and appeals for more than 20 properties, including corporate headquarters.
Government Permitting. Ongoing representation of industrial sand mining client in litigation in Wisconsin on local government permitting issues.
Property Tax Recapture. Successfully reduced open space property owner’s $3 million property tax recapture liability by a million dollars.
Transportation Fee Invalidated. In a case decided by the Minnesota Supreme Court, obtained ruling that $1.6 million transportation improvement fee that city attempted to levy on developer was illegal and without statutory authority.
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Prior Professional Experience
- Former Adjunct Professor, Land Use Law, University of St. Thomas Law School
- Former Special Assistant Attorney General, State of Minnesota
- Former Law Clerk, Senior U.S. District Judge William C. Hanson, Northern and Southern Districts of Iowa
Professional Associations & Memberships
- Inverse Condemnation Can be a Powerful Property Owner Remedy For Damage or Destruction of Property Value by Governmental or Utility Company Actions
- What Next, Now That Transportation Fees Have Been Ruled Illegal in Minnesota?
- Wisconsin’s Act 67 Could be a Game-Changer For Conditional Use Permit Applicants