Alternative Dispute Resolution

April 1st, 2008

In Express Scripts, Inc. v. Aegon Direct Marketing Svcs, Inc., the United State Court of Appeals ruled that, because the parties[’] agreement did not include an express statement of the parties’ intent to arbitrate questions of arbitrability, the district court did not err in concluding the arbitrability issue must be resolved by the court. (February 2008)

Eminent Domain

April 1st, 2008

In City of Granite Falls vs. Soo Line Railroad Company, et al., A07-417, A07-418 (Minnesota Court of Appeals December 24, 2007), the Minnesota Court of Appeals ruled that a municipality may properly condemn property even though the city’s intent is to transfer the property to the Minnesota DNR.  The Court ruled that the city’s failure to strictly comply with the negotiation requirements of Minnesota Statutes § 117.036 (2004) did not deprive the district court of subject-matter jurisdiction over the case, and because there was evidence in the record to support the district court’s conclusion that the taking is necessary to further a public purpose (plan to transfer the property to the Minnesota DNR to construct trails), the district court did not err in denying appellants’ motions for summary judgment and granting the city’s petition.  

New Office

April 1st, 2008

Gayle C. Hendley, PLLC has a new office at 5200 Willson Road, Suite 150, Edina, MN 55424.