Marc Simpson is chair of the Real Estate Litigation practice within the firm’s Real Estate department. He works on many types of real estate cases that wind up in court, including:

• Condemnation or eminent domain
• Relocation benefits
• Property taxes
• Purchase Agreements
• Land use
• Foreclosures
• Receiverships
• Landlord/Tenant disputes and evictions
• Title disputes and quiet title actions
• Boundary disputes
• Truth in Lending Act cases

Since starting at Leonard, Street and Deinard in 1987, Marc has represented a broad range of individuals, businesses and government entities in mediations, arbitrations, condemnation commissioners hearings, tax court trials and district court trials.

Marc has a particular interest in cases involving real estate values and enjoys working with appraisers, brokers and other real estate professionals in determining the fair market value of real estate. He worked on the largest condemnation case in Minnesota history, representing Hennepin County in the taking of land in downtown Minneapolis for the new Minnesota Twins ballpark.  He also regularly helps property owners in reducing their property taxes by establishing a lower assessed market value for their property.

Professional and Civic Activities

• Member, American Bar Association, Litigation Section
• Member, Minnesota State Bar Association, Litigation Section
• Member, Hennepin County Bar Association, Eminent Domain Section
• Board of Directors, Hopkins Early Learning Center

Marc’s representative experience includes cases involving condemnation/eminent domain, real estate purchase agreements, commercial landlords/tenants, land use, property taxes, foreclosures/receiverships, boundary disputes and quiet title actions.

Condemnation/Eminent Domain

• County of Hennepin v. Land Partners II, LLLP, et al.
  Hennepin County District Court, File No. 27-CV-06-19732
  Represented governmental entity to establish purchase price for the land for the new Minnesota Twins ballpark in downtown Minneapolis. This case is regarded as the largest single parcel condemnation case in Minnesota history.
• GRMN, LLC v. City of Bloomington, et al.
  Hennepin County District Court, File No. 27-CV-07-7714
  Represented national real estate developer and investor in inverse condemnation claim against City of Bloomington due to flooding of property and change in street design and access to property.
• State of Minnesota, by Hubert H. Humphrey, III, its Attorney General v. Paul Sade and Eleanor Sade, et al.
  Hennepin County District Court, File Nos.CD-2094 and CD-2095
  Represented property owners in takings for I-394 project relating to changes in access to property.
• State of Minnesota, by Mike Hatch, its Attorney General v. CUNA Mutual Insurance Society, et al.
  Hennepin County District Court, File No. CD-2653
  Represented national parking lot owner and operator in taking of portion of parking lot for new light-rail transit line connecting downtown Minneapolis to the Mall of America.
• The Housing and Redevelopment Authority in and for the City of Bloomington v. Soo Line Railroad Company a/k/a Canadian Pacific Railway d/b/a Soo Line Railroad Company
  Hennepin County District Court, File No. CD-2533
  Represented railroad in taking of land by Bloomington HRA to acquire land for senior living facility. 
• The County of Hennepin v. Minneapolis-St. Paul Metropolitan Airports Commission, et al.
  Hennepin County District Court, File No. CD-2559
  Represented numerous property owners affected by the widening of Pioneer Trail in Eden Prairie, Minnesota.
• County of Washington v. Hugo Investments, LLC, et al.
  Washington County District Court, File No. C4-05-3969
  County of Washington v. Marvin J. LaValle and Judith E. LaValle
  Washington County District Court, File No. C3-05-4076
  Represented landowner in taking of land for county road and city street projects in Hugo, Minnesota, in commissioners’ hearings in January 2007.
• Special School District No. 1, Minneapolis, Minnesota v. Truco, Inc., et al.
  Hennepin County District Court, File No. CD-2510
  Obtained through eminent domain process all land necessary for a new indoor sports facility at Lake Street near Hiawatha Avenue in Minneapolis so that school children and residents would have a state-of-the-art urban recreational facility.
• State of Minnesota v. Goodin Companies
  Ramsey County District Court, File No. C7-86-478120
  Obtained relocation award for plumbing supply company forced to relocate due to partial taking for I-94 project.
• Williams Pipeline Company v. Lawrence N. Schweich, et al.
  Dakota County District Court, File No. 19-C9-00-6621
  County of Pope v. Williams Pipe Line Company
  United States District Court, District of Minnesota, Sixth Division, Court File No. C-97-647
  Represented pipeline company in eminent domain proceedings to acquire pipeline easements, and in inverse condemnation proceedings due to local governmental interference with pipeline operations.
• 614 Co. v. Minneapolis Community Development Agency
  Hennepin County District Court, File No. C0-95-2027
  Defended city from inverse condemnation claim brought by owner of Young Quinlan Building claiming that proposed LSGI development on Nicollet Mall created a “cloud of condemnation” requiring payment of just compensation.
• Stanley Hunkins, et al. v. City of Minneapolis, et al.
  Hennepin County District Court, File No. MC 91-021459
  Defended city from inverse condemnation claim by property owner that “Technology Corridor” zoning was an unlawful “downzoning” of his property.

Real Estate Purchase Agreements

• D.R. Horton, Inc.-Minnesota v. Frederick Radintz, et al.
  Hennepin County District Court, File No. 27-CV-62896
  Represented national housing developer in dispute over option agreement to purchase 225 acres of land in Maple Grove, Minnesota, for a price in excess of $16 million.
• Platinum Development Group, Inc. v. Diamond T Ranch, Inc.
  Dakota County District Court, File No. 19-CX-057313
  Represented residential developer in connection with $6 million purchase of land in Dakota County and proceedings to cancel purchase agreement pursuant to Minn. Stat. § 559.21.
• Nickel Plate Properties, LLC v. JAS Apartments, Inc.
  Ramsey County District Court, File No. 62-C3-04-004777
  Represented seller of Union Depot property in St. Paul in statutory cancellation of real estate purchase agreement.
• Dennis and Carol Heyde v. George and Linda Oh, et al.
  United States District Court, District of Minnesota, Court File No. 00-2098
  Represented seller of Canterbury Inn Hotel in Shakopee in AAA arbitration matter brought by purchaser alleging that financial statements for the hotel failed to accurately state income and expenses for the property.

Commercial Landlord/Tenant

• United Artists Theatre Circuit, Inc. v. General Growth Properties, Inc. and Eden Praririe Mall, LLC
  Hennepin County District Court, File No. 01-7534
  Represented national motion picture exhibitor in claims against mall owner arising out of the complete interior demolition and renovation of the Eden Prairie Mall, and resulting interference with client’s business.
• Hallmark Specialty Retail Group, Inc. v. Estes Card Shops, Inc.
  Hennepin County District Court, File Nos. HC031107517, HC031107516 and HC031107518
  Estes Card Shops, Inc. v. Hallmark Cards, Inc., et al.
  United States District Court, District of Minnesota, Civil Action No. 03-6554
  Represented national greeting card company in terminating business relationship with franchisee operating card stores in Southdale, Ridgedale and Eden Prairie malls.
• Loring Corners, Inc. v. The Loring Café, Inc., et al.
  Hennepin County District Court, File No. CT 02-009113
  Represented owner of Loring Bar in a case involving claims by landlord that tenant had unlawfully removed fixtures from premises by removing tenant’s “signature” brickwork from premises.
• Station 19 of the City of Minneapolis v. Burger King Corporation v. Medich Enterprises, Inc.
  Hennepin County District Court, File No. CT 01-005861
  Represented restaurant owner in claim against subtenant for damages to historic Station 19 property near the University of Minnesota.
• General Dynamics Advanced Information Systems, Inc. v. Weber Family Limited Partnership, et al.
  United States District Court, District of Minnesota, Civil File No. 03-6345
  Weber Family Limited Partnership, et al. v. General Dynamics Advanced Information Systems, Inc.
  United States District Court, District of Minnesota, Civil File No. 03-6355
  Represented national defense contractor in claim by its landlord that it had improperly renewed lease of research and design facility in Bloomington, Minnesota.

Property Tax

• Greengate Holdings, LLC, Edgerton Apartments, LLC, 390 West Cottage, LLC, 1265 Hazelwood Limited Partnership, 387 East Arlington, L.L.C., and 806 Hazel Street, LLC v. County of Ramsey
  Obtained total value reductions in excess of $33,230,300 on a total of 1,044 apartment units in Ramsey County.
• Canal Street Limited Partnership v. County of Hennepin
  Obtained value reduction in excess of $4,650,000 for historic properties in Mills District.
• Jackson and Sibley Towers (Galtier Plaza, St. Paul) v. Ramsey County
  Represented property owner in exemption case to establish that owner was exempt from real estate tax payments for three-year period of time.

Land Use

• Brite Vue, L.L.P. v. Township of Columbus and Eller Media Company, Inc. v. Brite Vue, L.L.P.
  United States District Court, District of Minnesota, Civil File No. 0:00 CV 1877
  Represented property owner in attempt to establish automatic approval of client’s rights to erect billboards pursuant to Minn. Stat. § 15.99 (60-day rule).
• Woodbury Developers v. City of Woodbury
  Represented developer of Commerce Hill project in City of Woodbury in case involving dedications and exactions required by city to approve development project.
• Money Express v. City of Minneapolis
  Administrative Proceedings
  Conducted administrative appeals to determine client’s “grandfather rights” to operate money exchange at Butler Drug Building, 2600 Nicollet, Minneapolis.

Foreclosures/Receiverships

• State Farm Bank v. Robert K. Miell
  Linn County, Iowa, District Court, File No. EQCV 064310
  Represented bank in connection with borrower’s default on approximately $10 million loan. Obtained immediate appointment of receiver to manage and collect rents for office building and approximately 130 single-family homes in Cedar Rapids, Iowa.
• Baxter Fairview Motel, LLC v. Julian J. Jayasuriya
  Crow Wing County District Court, File No. C5-05-001779
  Obtained appointment of receiver to operate hotel in Baxter, Minnesota, due to purchaser’s default.
• AnchorBank, FSB v. Robbinsdale Apartments Housing Associates, I, LLC, et al.
  Hennepin County District Court, File No. 27-CV-07-24168
  Defended foreclosure action and opposed appointment of receiver.
• Associated Bank, National Association v. Bradbury Suites of Bloomington, LLC, et al.
  Hennepin County District Court, File No. CT-04-015497
  Represented bank in foreclosure and receivership proceedings for Bradbury Suites hotel in Bloomington, Minnesota.

Boundary Disputes

• Progress Land Company, Inc. v. Soo Line Railroad Company, et al
  Dakota County District Court, File No. C0-03-09440
  Represented railroad in claims by housing developer that railroad right of way in Rosemount, Minnesota, had been acquired through adverse possession.
• Roland W. and Goldie H. Shepherd, et al v. Town of Pewaukee, et al
  State of Wisconsin Circuit Court, Waukesha County, Case No. 97CV2212
  Represented railroad in claims by lakeshore owners along Pewaukee Lake in Wisconsin that lakeshore property had been acquired through adverse possession.
• Ronald N. Zebeck and Rita J. Zebeck v. Anthony R. Soderman
  Hennepin County District Court, File No. 02-9926
  Represented property owner in case involving claim that Lake Minnetonka property had been acquired by neighbor through adverse possession.
• Helen Jameson v. Paul Smaby, et al
  Fillmore County District Court, File No. 23-C1-00-000209
  Represented property owner in case involving claim that hunting land near Preston, Minnesota, had been acquired by adverse possession because of cattle grazing and wire fencing of property.
• Jeffrey J. Walker and Mary K. Walker v. Brian B. Buchholz and Kathleen Buchholz, et al.
  Washington County District Court, File No. C9-05-1618
  Represented property owner in Afton, Minnesota, in connection with claims by neighbor that substantial portion of client’s lot had been acquired through adverse possession.

Quiet Title Cases

• Crablex, Inc. v. Cedar-Riverside Land Company, et al.
  State of Minnesota Court of Appeals, File No. C9-97-765
  Represented owner of Riverside Plaza development on the East Bank area of Minneapolis in claim by neighboring property owner that certain driveway easements providing access to the development had been terminated.
• Coleman Powermate, Inc. v. Sanborn Manufacturing Company, et al.
  Brown County District Court, File No. C8-04-068
  Handled quiet title action to cure defective legal descriptions in chain of title for client’s property in Springfield, Minnesota.
• Elmer R. Moers Limited Partnership v. The Unknown Heirs of Alvina Ida Moldenhauer, et al.
  Carver County District Court, File No. 10-CV-05-1215
  Represented national housing developer in quiet title action needed to cure legal description defect.

 Marc is a contributing author to the Minnesota Practice Series, Real Estate Law, Chapter 10, “Eminent Domain” (West 2009-2010 edition).

Education

• J.D., New York University School of Law, 1987
• B.A., summa cum laude, St. Olaf College, 1984

Admissions

• State of Minnesota, 1987
• U.S. District Court for the District of Minnesota, 1987
• U.S. Court of Appeals for the Eighth Circuit, 1987
• U.S. Supreme Court, 1994