Star Tribune
Businesses at George Floyd Square sue Minneapolis, Frey for $30 million, demand city take over
Citing years of deterioration and crime since George Floyd’s murder, several business owners at the intersection of 38th Street and Chicago Avenue in Minneapolis demand in a new lawsuit that the city and Mayor Jacob Frey begin eminent domain proceedings to take over their properties.
Last week, the owners of Cup Foods filed a civil lawsuit in Hennepin County District Court seeking $30 million in damages, arguing city actions ruined the businesses and constitute an unlawful taking of their property without just compensation.
The lawsuit argues that business in the area lost revenue, real estate value, reputation and tenant and rental income for both business properties and apartments due to how the city handled the unrest after Floyd was murdered by Minneapolis police. That includes the use of concrete barricades to isolate the area that became known as George Floyd Square. It points to a rampant escalation of violence in the neighborhood because of these decisions and alleges the city created a “No Go Zone” for police near the businesses.
The legal action, known as a writ of mandamus, comes two months after Hennepin County Judge Edward T. Wahl dismissed a civil lawsuit filed by the business owners in 2023 that sought $1.5 million in damages from the city and Frey. Wahl dismissed with prejudice claims of negligence and nuisance against the city and claims the city charter had been violated, meaning they cannot be refiled.
But the claim that the city had effectively taken over the property “without formally invoking its eminent domain power” was dismissed without prejudice, meaning that it could be subject to further inquiry.
Wahl said if the businesses near 38th Street and Chicago Avenue wanted to make that claim, they first needed to file the writ of mandamus, a term for ordering the government to properly fulfill their official duties or correct an abuse of discretion.
The new filing essentially asks the city to begin imminent domain proceedings, said Michael Healey, the lawyer representing Cup Foods Inc.; Menthol Tobacco LLC; Southside Electronics, Inc.; NMA Investments, LLC; and 3759 Chicago Ave, LLC. Healey said seven additional businesses will soon file similar suits against Minneapolis and Frey.
“There are two possible outcomes, one is the city will allow my clients — a couple had to sell or leave town — but the folks that still own businesses there could conceivably keep the property if a settlement is reached with the city on the diminished value,” Healey said. “The other possible outcome is the city grants the writ and initiates an official taking of these properties in which case they will definitely have to be paid something. That would have to be litigated.”
The region has been rocked over successive years with allegations of child labor in the all-important meat-packaging industry. In 2023, Downs Food Group — which operates a plant in Madelia — paid $300,000 to settle child labor allegations brought in Watonwan County court. The company disputed those charges.
According to the state’s terms, Smithfield will also put on a 30-minute presentation at an industry event to communicate the importance of child labor compliance. Smithfield is owned by Hong-Kong-based WH Group, the largest pork company in the world.
St. James, a city of 4,793 in south-central Minnesota, has long been a food-processing hub, attracting a sizable immigrant population, including many Hispanic residents, to work in the plants. In 2022, the city website noted Smithfield expanded a parking lot to add 140 jobs as they added three production lines.
BISMARCK, N.D. — Natural gas flares at oil wells sparked two North Dakota wildfires earlier this fall, according to reports from the North Dakota Fire Marshal’s Office.
Investigators concluded that flares combined with high winds and extremely dry weather and started a wildfire near the town of Keene and another near New Town, the Bismarck Tribune reported Thursday. Officials with ConocoPhillips and Hess Corp., which operate the oil wells, say they are still reviewing the reports.
No one was killed or injured in the two fires that both began Oct. 5, but a combined 14 square miles (36.3 square kilometers) were burned, damaging land and livestock.
The fires were among several in northwestern North Dakota in October that burned up to 118,000 square miles (477.6 square km). Two people died and six were injured in other North Dakota wildfires. Agencies are still investigating what caused the other fires.
Flaring is the act of burning off excess natural gas that comes up along with oil. Oil and gas companies are required to flare natural gas from oil wells that cannot be captured or moved — venting natural gas is illegal and creates more pollution than flaring it.
ConocoPhillips spokeswoman Lexey Long said the company is still reviewing the fire investigation report. The company is committed to providing information to the state fire marshal’s office and is working directly with landowners and tenants, Long said in a statement.
”Our focus remains on the safety of our workers, the community and on the protection of the environment,” Long said.
Hess spokeswoman Alison Ritter said the company ”is in the process of reviewing the report” and declined further comment.
A deadline has passed for Hennepin County jail to significantly reduce its inmate population as in response to a state-issued mandate, but it remained more than 120 people over the order’s required population as of Thursday.
“As of right now, we are working to comply with the order and we continue to do everything we can do move people to other facilities,” Hennepin County Sheriff’s Office spokeswoman Megan Larson said in an email.
The Minnesota Department of Corrections (DOC) sent the order on Oct. 31 sent , informing the Sheriff’s Office that it must reduce the number of inmates from roughly 850 to 600 by noon on Thursday (Nov. 14). As of Thursday morning, Hennepin County had a slightly larger number of inmates in its system than last week, with roughly 880, but 155 of those inmates have been moved to other counties’ facilities, Larson said. That means 723 inmates are still physically lodged in the jail.
The mandate detailed a variety of violations, saying the jail doesn’t have enough staff on duty and that it isn’t checking on inmates as often as it should. Seven inmates have died in the jail since September 2022, and the DOC found that the Hennepin County Adult Detention Center had violated the state’s rule for regular well-being checks in each of those deaths, according to the state’s order.
Since the order the Sheriff’s Office has worked on getting more agreements with other counties to receive some of Hennepin County’s inmates, Larson said. The county has also worked to move inmates for months before the order, and currently has agreements with five counties and is working on getting a dozen, more according to Larson. “This takes time,” she said.
Sheriff Dawanna Witt previously said the short amount of time made it impossible to meet the deadline. In a Nov. 8 statement, Witt said that parts of the order “contradict both Minnesota law and the DOC’s own standards and training materials.”
“We have raised these concerns repeatedly with the DOC and have offered to meet, but they have not responded to these offers,” Witt said in her statement.
Spokespeople for the DOC did not immediately return calls and emails on Thursday seeking comment on the missed deadline, and whether there would be any punitive action taken by the state.
