ADVERTISEMENT

ADVERTISEMENT

Judge will decide lawsuit filed over land sale for proposed golf course in rural New London, Minnesota

A Kandiyohi County District Court judge will rule early next year on a lawsuit over the sale of Cedar Hills Century Family Farm land in rural New London to Tepetonka Club LLC.

Aerial view of the property along Shakopee Creek near Sibley State Park that is the subject of the Cedar Hills Family Farm civil lawsuit.
Aerial view of the property along Shakopee Creek near Sibley State Park in rural New London that is the subject of the Cedar Hills Family Farm civil lawsuit. Tepetonka Club LLC has a purchase agreement to acquire the property for $1.2 million to build a destination golf course.
Contributed / Tepetonka Club LLC
We are part of The Trust Project.

WILLMAR — A district court judge will rule early next year in a lawsuit over the land being eyed for a destination golf course in Kandiyohi County.

District Judge Stephen Wentzell heard arguments Monday from the two parties in the civil lawsuit involving the Cedar Hills Century Farm. The judge is allowing the two sides to prepare written arguments by Jan. 3. A ruling typically will follow within 90 days.

Originally scheduled for a two-day jury trial, the two sides settled the issues that would have gone before a jury and condensed the matter for arguments on the lawsuit’s equitable claims charge, according to attorney David Johnson, who represents plaintiff Dean Thorson.

The plaintiff is asking the court to nullify a purchase agreement with Tepetonka Club LLC to acquire the property for $1.2 million. The defendants want the court to leave the purchase agreement in place.

Tepetonka Club has previously told the West Central Tribune it has a legitimate purchase agreement for the property, is not a party to the lawsuit, and that the purchase will go forward when the litigation ends.

ADVERTISEMENT

Related:
While the Tepetonka Club is not a party to a civil lawsuit involving the land proposed for a destination golf course in rural New London, the lawsuit's outcome will determine whether or not the development can go forward, according to the plaintiff.
A civil trial has been rescheduled to December in Kandiyohi County District Court in a dispute between three siblings who are the shareholders of the Cedar Hills Century Farm. One sibling charges that the other two committed a breach of fiduciary duties in approving the sale of the land. Tepetonka Club has a purchase agreement for the land to develop a destination golf course, and says the transfer will go forward as soon as the litigation is resolved.
A civil lawsuit involving three siblings over a decision by two of them to sell land near Sibley State Park for a destination golf course will be heard by a jury in Kandiyohi County.
Three siblings have been unable to reach agreement in mediation in their dispute over the sale of their land for the proposed Tepetonka Golf Course south of Sibley State Park near New London.

Judge Wentzell had ruled Dec. 9, or five days before the scheduled trial, that the court would hear the equitable claims charge without the presence of a jury. Equitable claims involve a plaintiff seeking relief from the courts for actions the plaintiff considers to have been prejudicial or unfair or in violation of an organization's rules.

Dean Thorson filed the civil lawsuit in November 2021 after his siblings, Dan Thorson and Sherry Ulman, approved the sale of the 187-acre Cedar Hills Century Family Farm property along Shakopee Creek near Sibley State Park to Tepetonka Club.

The attorney for the siblings, James Maring, did not return a message by deadline.

Dean Thorson argues that the bylaws of the family farm prevent the sale. The purpose of the Cedar Hills Century Farm is to hold the property in a farming capacity for future generations of the Thorson family. The siblings should be required to follow the bylaws all three originally approved, even though Cedar Hills is no longer considered a farm under the law, according to Thorson.

More by Tom Cherveny:
Producers sees bigger needs as farms grow, and market and geopolitical volatility become the norm, according to attendees at a farm bill listening session held in Willmar with staff members of U.S. Sen. Amy Klobuchar.
KLQP this week marked 40 years as an independent radio station. The Madison, Minnesota, station is unabashedly local, featuring high school sports, talk shows with local guests and community news.
Diana Anderson has overseen a growing Southwest Initiative Foundation since she joined the organization in 2001. After nine years as its director, she is saying goodbye.
The Governor wants to tap the record state surplus and raise fishing license and other fees for a budget boost to modernize and address deferred infrastructure projects.

The two siblings had approved the sale at a meeting the plaintiff did not attend. The defendants argue that since the property does not meet the legal definition of a farm, they had the right to approve the land sale by majority vote as allowed under corporate law.

Dean Thorson has maintained that if he prevails in the lawsuit, he would not approve the land’s sale for a golf course.

Tepetonka Club is proposing a $20 million project to develop the site as a destination golf course.

Tom Cherveny is a regional and outdoors reporter for the West Central Tribune.
He has been a reporter with the West Central Tribune since 1993.

Cherveny can be reached via email at tcherveny@wctrib.com or by phone at 320-214-4335.
What To Read Next
Any resident or business in the state of Minnesota that does not have wired broadband internet service of at least 25 megabits per second downloading speed and 3 megabits per second for uploads is now eligible to apply for this program.
Area funerals scheduled through Feb. 10, 2023
The Tribune publishes Records as part of its obligation to inform readers about the business of public institutions and to serve as a keeper of the local historical record. All items are written by Tribune staff members based on information contained in public documents from the state court system and from law enforcement agencies. It is the Tribune’s policy that this column contain a complete record. Requests for items to be withheld will not be granted.
Nobody was injured after a reported house fire Monday in rural Sacred Heart. All of the occupants of the home were able to safely exit the building. However, the home was deemed a total loss.