Johnson v. City of Duluth

OPINION

ROSS; Judge ■

Joel Johnson bought land on Park Poirit in Duluth intending to construct a harbor-vieW hotel. Eventually foiled by zoning restrictions, Johnson commenced an inverse-condemnation action by serving the city with a summons and complaint in November 2013, but he did not file his complaint in the district court until nearly three years later. The district court applied Minnesota Rule of Civil Procedure 5.04(a) and dismissed Johnson’s complaint with prejudice for failing to meet the one-year complaint-filing deadline. The district court soon granted Johnson’s motion for relief…