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Albany County Legislature ratifies court stipulation to return Clinton Avenue properties to former owner
Summary
Legislators approved a court-directed conveyance to transfer 75 and 77 Clinton Avenue back to a former owner after a $200,000 deposit, with staff saying the move avoids county ownership and potential liability under a longstanding tax litigation tied to Tyler v. Hennepin County.
Albany County legislators on May 20 approved a county action to execute a deed and assignment returning two Clinton Avenue properties to a former owner under a stipulated court agreement. The conveyance covers 75 Clinton Avenue and 77 Clinton Avenue in the city of Albany and follows a $200,000 deposit identified by county staff.
County staff told the Audit and Finance Committee the submission is the result of a court stipulation arising from a long-running tax litigation (Tyler v. Hennepin County). Staff said the stipulation contemplates using 75 Clinton Avenue to secure a loan that will clear taxes on 77 Clinton Avenue and that the $200,000 deposit satisfies the payment required by the stipulation.
Committee members pressed staff for numbers after a legislator reviewed tax statements showing larger totals when statutory interest was included. One legislator calculated principal and interest totals of roughly $373,600 for 75 Clinton Avenue and about $152,900 for 77 Clinton Avenue, which together she said totaled about $526,500; staff replied that some figures shown are statutory interest accruing at roughly 1% per month and explained how the court considered potential equity under the cited litigation.
County staff described the transfer as an alternative to foreclosure and auction, saying the deed-and-assignment approach avoids the county taking title and the environmental and other liabilities that can follow county ownership of an operating funeral home. Staff also told the committee that the county has used deed-and-assignment processes in prior years to reduce risk of long-term ownership and liability.
During the discussion a legislator raised a point of order asserting a stipulation must be signed; county counsel or a county attorney speaker indicated a county attorney had signed the agreement and the county was being asked to ratify that action.
The committee moved and approved the authorization to complete the conveyance and related paperwork. The committee then proceeded to the next agenda item.
