On March 23, 2010, the Minnesota Court of Appeals handed down a landmark decision in the area of receivership law in Minnesota. Barna, Guzy & Steffen Ltd. attorneys Brad Kletscher and Tammy Schemmel represented the winning party State Bank of Delano in the appeal. In the decision, the Minnesota Court of Appeals held that a receiver for real estate does not have to pay the past due bills of a debtor owed to a utility company and that a utility company cannot disconnect utility services if a receiver does not pay such past due bills. In the case of State Bank of Delano v. Centerpoint Energy Resources, 779 N.W.2d 582 (Minn.App. 2010) the court held that “Because Minn.Stat. 576.01, subd. 2, requires a receiver to..
With the increased demand for cell towers, more and more land owners are being approached by wireless providers to lease property for the construction and operation of a cell tower on a portion of a land owner’s property. If you are a land owner who is considering leasing property to a wireless provider, or if you have been approached by a wireless provider to lease some property for purposes of a cell tower, you need to understand the implications of a cell tower lease on your property, protect your rights, and minimize your liability. Kristi Riley of the Barna, Guzy & Steffen Real Estate Department can help you with your cell tower questions and cell tower leases.