Northern Natural Gas Co. v. Easement and Right-of-Way Across 33.523 acres more…
Northern Natural Gas Co. v. Easement and Right-of-Way Across 33.523 acres more or less, located in Lot 1, Block 1 Steeple View 2d Addition, Scott County, Minnesota
- John Tunheim
- 0:23-cv-01906
- U.S. District Court · District of Minnesota
- 5
In Northern Natural Gas v. Easement and Right-of-Way, Judge Tunheim’s magistrate judge recommended granting in part and denying in part Barney’s motion.
Barney Financial, LLC would be dismissed from the action under the recommendation, and each party would bear its own fees and costs; the recommendation does not award Barney attorney fees.
What happened
Northern Natural Gas Co. v. Easement and Right-of-Way concerns Northern’s request to condemn an easement, determine compensation, and obtain title to and possession of the easement. Northern had already bought the property at a sheriff’s sale after a state-court foreclosure proceeding.
The parties agreed that Barney Financial, LLC no longer had any right, title, or interest in the property because the sale had been confirmed. Barney asked to be dismissed and requested attorney fees and expenses for bringing its motion.
Magistrate Judge Shannon G. Elkins, acting on a referral from Judge John R. Tunheim, recommended granting in part and denying in part Barney’s motion: dismissing Barney from the case and requiring each party to pay its own fees and costs. The recommendation was not a final order or judgment and could be challenged through written objections.
The detailed version
- Northern Natural Gas Co. v. Easement and Right-of-Way Across 33.523 acres more… · No. 0:23-cv-01906
- John Tunheim
- Feb. 12, 2025
Background
Northern Natural Gas Co. filed this case seeking condemnation of an easement and right-of-way, an award of just compensation, and title to and possession of the easements. Northern stated that it had paid Aaron Le $150,000 in 2021 for an easement to build two town border stations. The stations were built and had been operating since 2021.
The property was also involved in a state-court foreclosure proceeding. Barney Financial, LLC obtained a judgment in that proceeding on June 26, 2024. Northern later purchased the property at a sheriff’s sale on November 19, 2024, and the state court confirmed the sale on December 17, 2024. The parties agreed that the confirmed sale eliminated Barney’s right, title, and interest in the property.
Motion and analysis
Barney moved to dismiss the case as to Barney and requested attorney fees and expenses. The report explains that Federal Rule of Civil Procedure 21 allows a court to add or remove a party to ensure that necessary parties are included and to avoid unnecessarily complicating the case.
Because Barney no longer had an interest in the property, the court concluded that Barney could not prevent or remedy any injury related to Northern’s use of the easement. The court therefore recommended dismissing Barney from the action.
The court separately considered Barney’s request for fees. It explained that attorney fees may be awarded under a court’s inherent authority when the party to be sanctioned has acted in bad faith. The court found that neither party or counsel had demonstrated bad faith. It therefore recommended that fees and costs not be awarded and that each party bear its own fees and costs.
Recommendation and next steps
Magistrate Judge Shannon G. Elkins, on referral from United States District Judge John R. Tunheim, recommended that Barney Financial, LLC’s motion be granted in part and denied in part: Barney should be dismissed from the action, and each party should bear its own fees and costs.
The document is a Report and Recommendation, not an order or judgment of the District Court, and it is not directly appealable to the United States Court of Appeals for the Eighth Circuit. The opinion states that a party may file specific written objections within 14 days after being served with the recommendation.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.