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Property owner urges council to undo sale or formalize access after adjacent lot sold
Summary
John Fich and business owner Jerry Henry told the Pelican Rapids City Council that a recent sale of adjacent land to Miguel Torres has blocked truck access to Henry’s business at 9 Industrial Park Drive; City Attorney Lindsay Forren said no easement is on record and the dispute is between private owners and may require court action.
John Fich, appearing by Zoom, and business owner Jerry Henry pressed the Pelican Rapids City Council on July 30 to restore truck access to Henry’s property at 9 Industrial Park Drive after the city sold an adjacent parcel to Miguel Torres.
“What I’m going to ask city council to make a decision on today is either one, rescind the sale … or … create a formal zoning for an easement for Gerald Henry at 9 Industrial Park,” Fich said, arguing that municipal action is needed because the purchase left Henry without reasonable access for deliveries.
Henry described operational impacts during his turn at the microphone: he said carriers have begun refusing to enter the site because the access area has become muddy and filled with soil. “If you drive by my place now you’ll see a terrible mess…one of our truck lines has refused to come in there because they’re used to coming in this end where the easement is,” Henry said.
City Attorney Lindsay Forren told the council there is no recorded easement and that the city cannot unilaterally rescind a valid sale. “There is no easement of record,” Forren said. She said an easement by necessity or a prescriptive right would typically be resolved through litigation or by negotiation between property owners and noted the buyer’s contract gives the buyer 18 months to meet development obligations before the city could reclaim title under contract terms.
Council members asked for clarification about whether the city retains any leverage. Forren said the city retains a remainder interest only to the extent described in the contract and cannot force the current owner to grant an easement; any recorded easement would have to be created by the owner or ordered by a court.
Several council members — citing concerns about public notice and how the sale was posted — said they believed the council could rescind a sale under certain circumstances. The council ultimately took no action on rescinding the sale during the meeting.
Next steps were framed as private-party remedies and potential litigation: Forren advised the property owners to consult private counsel to pursue an easement by necessity or other remedies; Henry and Fich were encouraged to negotiate with the parcel’s owner and, if necessary, pursue court action.
The council did not vote on a motion to rescind the sale during the meeting and did not schedule follow-up council action on the easement claim.
