Gislason & Hunter represents large agricultural entities, family farms, developers, investors, lenders and businesses in all aspects of real estate including the acquisition of property, development projects, financing, sale and leasing of property. We have experience with all current permitting, land use compliance issues, environmental regulations and property tax issues.
Title Resources LLC, a partner with Gislason & Hunter, is a full service title company that helps guide lenders, realtors, developers, builders, buyers and sellers through residential and commercial title transactions. Title Resources has two office locations in New Ulm and Mankato.
Our accomplished attorneys bring substantial expertise to the Real Estate & Development industry to deliver the very best in service and results.
Cases & Clients
Environmental and Permitting Litigation
Dean Zimmerli has been involved in several appeals to the Minnesota Court of Appeals concerning agricultural producers and environmental law and permitting issues. For example, Dean researched complex areas of water regulation under the Federal Clean Water Act and assisted in briefing questions about the Minnesota Pollution Control Agency’s ability to regulate farming and irrigation practices as part of a stream improvement project. Dean has also defended a new swine facility that was approved by the County board but opposed by a vocal minority of nearby landowners in a case before the Minnesota Court of Appeals. Dean has assisted farmers in responding to administrative orders from the DNR and other governmental entities.
Brittany King-Asamoa has valued experience performing workplace investigations regarding reports of discrimination, sexual harassment, and general non-compliance with employment laws. She takes great pride in performing these investigations with an eye toward counseling employers and management about compliance issues, as well assisting employers in identifying problem areas and solutions.
Hemp and Marijuana Law
Rhett Schwichtenberg is Gislason & Hunter’s cannabis expert. Rhett is active in the hemp and overarching cannabis industry. He followed federal legislation leading up to the passage of the 2018 Farm Bill, legalizing industrial hemp and continues to track legislation impacting the industry. Rhett is passionate about advising growers, processors, cannabis-related businesses, and financial institutions. His ag background and experience with the agribusiness lifecycle enable him to assist cannabis-related businesses from the initial planning phase and formation to succession. Rhett has advised multiple banking and lending institutions on navigating the current regulatory landscape. Rhett pairs his business and legal acumen with first-hand experience, farming 143 acres of hemp with his father on their family’s century farm. These skills have made Rhett a serious practitioner in the hemp and marijuana industry. Rhett is a member of the Minnesota Hemp Association.
Real Estate Litigation
In 2017 Cory brought a partition action that brought an end to years of wrangling over division of family farm property valued at $4.4M. The swift litigation allowed each sibling to move forward with their own operations and end the dispute.
See Cottonwood County File No. 17-CV-16474
$300 Million Loan Refinancing
In early 2017, Chris Bowler assisted in a loan refinancing project that resulted in a $300 million syndicate loan. Chris’ involvement in the refinancing project included drafting multiple promissory notes, perfecting security interests in multiple states, and verifying the enforceability of mortgages and collateral assignments filed on over 50 different parcels of real property.
Advised a client as to potential lender liability for foreclosing on environmentally hazardous properties.
$13.5 Million Hog Facility Acquisition
In late 2018 and early 2019, Chris Bowler guided an agricultural producer through a transaction in which it acquired four hog facilities. The project involved attention to multiple unique aspects of the transaction, including real estate issues and interests, inventory and equipment purchases and related operational agreements.
Employment Administrative Proceedings
Brittany King-Asamoa is experienced with the administrative proceedings involving an employment charge filed with the EEOC and Minnesota Department of Human Rights. She has assisted in the defending against charges and represented employers in EEOC conciliation proceedings, as well as respond to requests for information during EEOC investigations.
Presents on Employment Law Developments
Brittany King-Asamoa routinely monitors employment law developments and trends to keep employers apprised of compliance issues. She frequently presents and writes articles about employment law matters including, but not limited to, sexual harassment, #MeToo, the Family Medical Leave Act (FMLA), the Americans with Disabilities Act of 1990 (ADA), the Fair Labor Standards Act (FLSA), National Labor Relations Act (NLRA), and other laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and Department of Labor.
Appealing Awards of Unemployment Compensation
Brittany King-Asamoa has successfully represented numerous employers in evidentiary hearings challenging eligibility determinations for unemployment compensation.
Performs Audits for Exempt and Non-Exempt Employment Status Identification
Proper identification of an employee’s entitlement to overtime pay or exemption from overtime laws is vital for employers. The ramifications for erroneously identifying an employee as exempt from overtime can be disastrous. Brittany King-Asamoa has performed position audits for multiple companies to assist employers with finding the proper identification of individuals exempt from overtime pay under the federal Fair Labor Standards Act and the Minnesota Fair Labor Standards Act.
U.S. Bank Nat’l Ass’n as Trustee v. Lamb, et. al.
U.S. Bank Nat’l Ass’n as Trustee v. Lamb, et. al.; Iowa Supreme Court Case No. 14-1536 David Nelmark served as lead counsel, drafted appellate brief, and presented the oral argument in a case of first impression with significant impact on the banking and real estate industries. 874 N.W.2d 112 (Iowa 2016)
Employment Policies, Agreements and Employee Handbooks
Experienced and passionate about assisting employers and their human resources professionals craft employment policies designed to comply with the law as well as practically address and minimize workplace issues. Brittany King-Asamoa also has experience drafting agreements that best fit the needs of employers including, but not limited to, non-competes, independent contractor, non-disclosure and confidentiality agreements and assignments of intellectual property rights.
Acquiring Land and Buildings
Represented commercial property and restaurant owners in acquiring land and buildings for restaurants in Uptown, South Minneapolis, Northeast Minneapolis and Robbinsdale.
Trespass and Property Lines
In 2016 Dean Zimmerli tried a case to a jury involving a claim that the defendants had crossed onto Dean’s clients’ property and cut down dozens of old-growth trees, even after defendants’ had been warned about the location of the property line. This case involved a disputed version of events between the plaintiffs and the defendants, as well as competing expert testimony concerning the valuation of the damaged trees. At the conclusion of the trial, the jury agreed that the defendants had trespassed on Dean’s clients’ property, awarded damages for the lost trees, and vindicated Dean’s Clients’ property rights. Dean has been involved in other disputes concerning property lines or disputed claims to real property, obtaining successful resolutions for the client.
Jeff Braegelmann represents farmers and other land owners in public drainage proceedings including petitioning for improvements, repairs, outlets, abandonments and other types of drainage projects. He also represents clients who need to oppose such projects by appealing decisions of drainage authorities regarding improvements, redeterminations of benefits and other drainage matters. Jeff also prepares drainage easements and other agreements to assist landowners with their private drainage and water projects.
Led design and implementation of succession planning for third and fourth generation family owned holding company engaged in real estate, beverage distribution, banking and insurance industries.
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