Hale resident files suit against township

Resident George Pawlitschek is suing Hale Township over the alteration of the road Jupiter Court in the Waters Edge subdivision near Silver Lake. Pawlitschek filed a civil suit with the McLeod County District Court on June 15.
The road in question was extended by the township in June 2014 in order to connect 199th Circle and 200th Street.
Pawlitschek, who will represent himself, is suing on the grounds that the township did not follow the proper legal procedure in order to extend the road. He argues that the road is legally a cartway and, according to Minnesota statutes, in order for the township to alter the road it would need a petition from the residents asking for the extension. Pawlitschek said no petition exists.
“They did not follow the procedure. They can’t say that they did because they have no legal documents to show that they did,” he said.
As proof of improper procedure, Pawlitschek cited that 199th Circle is still labeled as a dead end and the connection does not appear on GPS.
Pawlitschek argues that the road was not planned for extension as 200th Street was still hayfields when 199th Circle was developed.
Hale Township argues in a press release from its attorney, Jessica Schwie of Jardine, Logan and O’Brien legal offices, that the road was dedicated to it in 2002. The dedication allows the township to improve the road for use by the public.
“The Town denies that it has done anything wrong,” the press release stated.
Before taking the issue to the civil court, Pawlitschek and fellow residents tried other avenues. They brought a petition of 34 area residents as well as an explanation of legal criteria to the township board. The issue was tabled until the March annual township meeting, when residents made a motion to close the road extension. The movement failed by a vote of 20-21.
“A majority of residents voted in favor of improving the road to allow the improved access,” the township’s press release stated.
Pawlitschek said he felt many did not fully understand the issue before voting and others had to leave early.
“One vote would have turned it the other way,” he said.
After failing to find the desired resolution through these measures, Pawlitschek filed the civil suit.
“After exhausting all those resources to where we felt we have no other avenue left, that’s what made us decide OK, we need to seek legal action,” he said.

For more, see the July 29 print edition of The Chronicle.