A not-for-profit youth camp has filed a civil lawsuit against Fredenberg Township alleging town officials have unlawfully denied the camp access to public land. Positive Energy Outdoors, which has been embroiled in a bitter battle with the town board and some of its township neighbors over dogsledding and other activities for several years, filed the suit in State District Court in Duluth earlier this week. The camp is alleging that the town board has enacted illegal ordinances that disallow campers' use of what had been an 80-acre tract of county tax-forfeited land recently given to the township and declared a public park. Without access to the town park, the camp says it is severely restricted in what activities it can offer its campers. The camp has, since 2004, offered dogsledding and draft horse activities on the formerly state-owned parkland in Fredenberg Township, serving more than 1,000 people each winter. Nearly half of the children it serves come from low- or moderate-income backgrounds.
The township acquired the land from the state in 2014 and, according to the complaint, agreed at first to continue to allow Positive Energy Outdoors to use it. The complaint cites at least two instances - a county board meeting and town board meeting - where township officials said the camp could keep using the land after it became a park. "However, the township breached its promise and has barred the not-for-profit from the land, causing irreparable harm to the camp," the complaint notes, referring to a March 2015 town ordinance banning any commercial use of the park. The township has since declared the camp a commercial use and has threatened to have anyone from the camp cited if they are found on park land. The township erected a sign at the park that threatens a $1,000 fine for anyone caught using the camp for a commercial purpose. Efforts by the camp and its supporters to resolve the issue out of court failed and the camp had "no choice but to sue the township if we're going to be able to fulfill our mission of providing access to outdoor education activities for people of all ages and abilities," said Stephanie Love, co-founder and director of Positive Energy Outdoors. The complaint, filed Monday by St. Paul attorney Jared Goerlitz, asks the court to order Fredenberg Township to allow the camp to continue to use the park land. Jeff Blix, Fredenberg town chairman, did not immediately return messages requesting comment on the lawsuit on Friday.A not-for-profit youth camp has filed a civil lawsuit against Fredenberg Township alleging town officials have unlawfully denied the camp access to public land.Positive Energy Outdoors, which has been embroiled in a bitter battle with the town board and some of its township neighbors over dogsledding and other activities for several years, filed the suit in State District Court in Duluth earlier this week.The camp is alleging that the town board has enacted illegal ordinances that disallow campers' use of what had been an 80-acre tract of county tax-forfeited land recently given to the township and declared a public park.Without access to the town park, the camp says it is severely restricted in what activities it can offer its campers.The camp has, since 2004, offered dogsledding and draft horse activities on the formerly state-owned parkland in Fredenberg Township, serving more than 1,000 people each winter. Nearly half of the children it serves come from low- or moderate-income backgrounds.
The township acquired the land from the state in 2014 and, according to the complaint, agreed at first to continue to allow Positive Energy Outdoors to use it. The complaint cites at least two instances - a county board meeting and town board meeting - where township officials said the camp could keep using the land after it became a park."However, the township breached its promise and has barred the not-for-profit from the land, causing irreparable harm to the camp," the complaint notes, referring to a March 2015 town ordinance banning any commercial use of the park.The township has since declared the camp a commercial use and has threatened to have anyone from the camp cited if they are found on park land. The township erected a sign at the park that threatens a $1,000 fine for anyone caught using the camp for a commercial purpose.Efforts by the camp and its supporters to resolve the issue out of court failed and the camp had "no choice but to sue the township if we're going to be able to fulfill our mission of providing access to outdoor education activities for people of all ages and abilities," said Stephanie Love, co-founder and director of Positive Energy Outdoors.The complaint, filed Monday by St. Paul attorney Jared Goerlitz, asks the court to order Fredenberg Township to allow the camp to continue to use the park land.Jeff Blix, Fredenberg town chairman, did not immediately return messages requesting comment on the lawsuit on Friday.
