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 are experienced in 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.
Areas of Expertise
- Brownfield & Redevelopment
- Compliance & Permitting
- Drainage & Water Rights
- Eminent Domain
- Environmental Litigation
- Housing & Community Development
- Land Use Zoning Disputes
- Transactions & Due Diligence
Our accomplished attorneys bring substantial expertise to Real Estate, Environmental Law & Land Use to deliver the very best in service and results.
Cases & Clients
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.
Private Drainage Dispute Jury Trial
In 2022, Dean Zimmerli represented a landowner in Kandiyohi County whose agricultural drainage was wrongfully blocked by a downstream neighbor on the shared private ditch. When no negotiated resolution could be reached, he presented his client’s case to a jury, demonstrating that the client’s crop losses were caused by the neighbor’s obstruction of the ditch and presenting analysis on the amount of the loss. The jury awarded significant damages in his client’s favor, and the judge issued an injunction ordering that the obstruction to the ditch be removed. Dean Zimmerli was therefore able to ensure the past crop losses were paid for, and that the neighbor would no longer be able to cause future losses.
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.
Ditch and Drainage Law
Rhett Schwichtenberg has represented multiple landowners in petitioning ditch assessments in a joint ditch system.
Jeff Braegelmann provides experienced representation to property owners in land and water disputes with the Minnesota Department of Natural Resources, United States Department of Agriculture and Natural Resources Conservation Service.
Advised a client as to potential lender liability for foreclosing on environmentally hazardous properties.
Real Estate Litigation
Rick Halbur has represented many clients across Minnesota in an extensive amount of real estate litigation involving novel and complicated issues of first impression. For example, Rick has been involved in multiple mechanics lien actions, representing both plaintiffs and defendants. Rick has also litigated several easement disputes, and he has prevented future litigation by proactively drafting new easement agreements for clients. Rick has also successfully represented clients in contested actions to determine adverse claims (commonly referred to as quiet title actions) and boundary disputes involving real estate worth hundreds of thousands of dollars.
Public Drainage Litigation
Following the completion of a drainage improvement project, the drainage authority reallocated the costs of the project in a manner that added significant additional expense for his client and violated a prior agreement between his client and the drainage authority. Dean Zimmerli appealed the decision to the district court and immediately moved for summary judgment. After considering the legal arguments, the district court reversed the drainage authority’s allocation of costs, saving his client more than $100,000. Dean Zimmerli then negotiated a resolution of potential appeals in his clients’ favor.
$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.
$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.
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 Zimmerli 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.
Jeff Braegelmann assists landowners who want to establish wetlands and earn credits through the wetlands banking program.
Real Estate Litigation
In 2017 Cory Genelin 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
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