Marshall City Council cancels public hearing after attorney-client review of Broadmoor closure notice

The Marshall City Council on Jan. 7 voted to cancel a Feb. 18 public hearing on the Broadmoor Manufactured Home Park closure after an attorney-client closed session and a review of a letter from the Minnesota Attorney General’s Office.

City Attorney Pam summarized that the Attorney General had reviewed the closure notice and concluded it did not meet statutory requirements under Minnesota Statutes chapter 327. The AG’s letter, which the city received and was copied on, identified missing information in the notice including the number of units, an estimate of relocation costs and information about available alternative housing, including affordable options. The AG’s opinion said the notice therefore did not constitute a lawful closure statement and that the statutory 12-month process timeframe had not begun.

Under the statute, the city’s procedural role is limited to setting a public hearing date upon receipt of a valid closure statement; the law assigns enforcement and lawfulness determinations to the Attorney General. City Attorney Pam said the council may not need to schedule or proceed with a public hearing while the AG has concluded the current notice is deficient. After the closed-session discussion, Council Member Craig Schaeffer moved — and Council Member Amanda Schroeder seconded — to cancel the Feb. 18 hearing. The motion passed.

Pam asked that staff notify Minnesota Housing and other stakeholders expected to attend that the hearing would not move forward until the city receives an updated closure notice that addresses the AG’s stated deficiencies. Council members discussed but did not direct staff to take additional substantive action beyond canceling the hearing and awaiting a corrected notice.

The council’s action does not resolve the underlying dispute between the property owner and the state; Pam told the council that the AG’s letter does not by itself determine the outcome of any separate or forthcoming litigation. The council’s cancellation is a procedural step tied to the AG’s determination that the submitted notice did not fulfill the statute’s content requirements.

The council did not adopt any policy changes or take substantive final action on the Broadmoor property at the meeting; it limited its action to canceling the scheduled public hearing and directing staff to notify interested parties.

Pending: the council will schedule a public hearing if and when it receives a revised closure notice that the Attorney General’s Office has not identified as deficient.