STATE OF MINNESOTA

COUNTY OF POPE

IN DISTRICT COURT

EIGHTH JUDICIAL DISTRICT

TYPE OF CASE: QUT

COURT FILE NO. 61-CV-23-257

PUBLICATION SUMMONS

Rita Lorraine Stockman, Leland Ward, Mary C. Ward, Estate of Kyle Ward, and the Estate of Lavonne J. Ward,

Plaintiffs,

vs. 

Henry S. Bourne, Joy I. Bourne, Torger Bagstad, Jr., Amy Bagstad, Wayne D. Bagstad, Janelle Sills, Dennis Dingmann, Kathrine A. Hoien, Mark S. Hoien, Keith E. Erickson, Jennifer Erickson, Wayne L. Haugen, Kyle A. Macziewski, Victor I. Plante, Marsha J. Plante, Derek J. Johnson, Mark S. Johnson, James W. Hippen, Kim M. Hippen, Larry Terpstra and Nancy Terpstra, individually and as Trustees of the Larry and Nancy Terpstra Trust dated 12/15/2011, Mark Halls, Michelle Halls, Dennis Winsor, Alejandra Winsor, Larry A. Moen, Gary Tebrake, Joseph W. Carruth, Jolene M. Carruth, William R. Skold, Jr., Margaret M. Skold, Beverly Raye McKim, John R. Huston, Lisa Huston, Robert H. Gregory, Scandia Lutheran Church, Pope County, Agralite Cooperative, Gilchrist Township, State of Minnesota, by and through the Department of Natural Resources, and also the unknown heirs of the above-named individuals, and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,

Defendants.

______________________

TO THE ABOVE-NAMED DEFENDANTS:

1. YOU ARE BEING SUED. The Plaintiffs have started a lawsuit against you. The Plaintiffs’ Complaint against you is on file in the Office of the Court Administrator of the above-named Court. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court, and there may be no Court file number on this Summons.

2. YOU MUST REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 21 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons at 1017 Broadway, P.O. Box 819, Alexandria, Minnesota 56308.

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs’ Complaint. In your Answer, you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiffs should not be given everything asked for in the Complaint, you must say so in your Answer.

4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 21 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiffs everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A Default Judgment can then be entered against you for the relief requested in the Complaint.

5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.

6. ALTERNATE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternate means of resolving this dispute.

7. REAL ESTATE. This lawsuit may affect or bring into question title to real property located in Pope County, State of Minnesota, legally described as follows:

That part of Government Lot 7, and that part of Government Lot 6, and that part of Government Lot 5, and that part of Government Lot 3, all in Section 17, Township 123 North, Range 37 West, Pope County, Minnesota, described as follows:

Beginning at the northeast corner of said Government Lot 7;

thence on an assumed bearing of South 89 degrees 07 minutes 02 seconds West along the north line of said Government Lot 7 a distance of 1756 feet more or less to the shoreline of Gilchrist Lake;

thence southerly along said shoreline to the intersection of the westerly extension of the north line of the road as dedicated in the recorded plat of BOURNE’S EAST SHORE LINE BEACH;

thence North 88 degrees 53 minutes 48 seconds East along said westerly extension and along the north line of said dedicated road 251 feet more or less to the northeast corner of said dedicated road;

thence South 01 degrees 05 minutes 34 seconds East along the east line of said dedicated road 536.36 feet;

thence South 47 degrees 06 minutes 00 seconds East along said east line 91.75 feet;

thence South 02 degrees 07 minutes 26 seconds East along said east line 112.00 feet to the southeast corner of said dedicated road;

thence South 87 degrees 45 minutes 22 seconds West along the south line of said dedicated road 66.00 feet to the southwest corner of said dedicated road;

thence South 02 degrees 07 minutes 35 seconds East 33.00 feet;

thence South 86 degrees 30 minutes 01 seconds West 79.34 feet;

thence South 26 degrees 15 minutes 01 seconds West 198.87 feet;

thence South 85 degrees 06 minutes 16 seconds West 604.48 feet;

thence South 53 degrees 30 minutes 01 seconds West 26 feet more or less to the centerline of the East Branch of the Chippewa River;

thence in a southerly and westerly and southwesterly direction along said centerline to the intersection of the north line of said Government Lot 5;

thence South 89 degrees 20 minutes 58 seconds West along said north line of Government Lot 5 a distance of 141 feet more or less to the northwest corner of said Government Lot 5;

thence South 01 degrees 13 minutes 33 seconds West along the west line of said Government Lot 5 a distance of 1297.30 feet to the southwest corner of said Government Lot 5;

thence North 89 degrees 59 minutes 17 seconds East along the south line of said Government Lot 5 a distance of 710.93 feet;

thence North 00 degrees 00 minutes 43 seconds West 280.00 feet;

thence North 89 degrees 59 minutes 17 seconds East 459.63 feet to the northwesterly right of way line of County State Aid Highway No. 8;

thence South 49 degrees 27 minutes 46 seconds West along said northwesterly right of way line 188.13 feet;

thence southwesterly along said northwesterly right of way line and along a tangential curve, concave to the southeast, radius 814.23 feet, central angle 14 degrees 58 minutes 38 seconds 212.84 feet to said south line of Government Lot 5;

thence North 89 degrees 59 minutes 17 seconds East along said south line of Government Lot 5 a distance of 125.65 feet to the southeasterly right of way line of said County State Aid Highway No. 8;

thence northeasterly along said southeasterly right of way line and along a curve concentric to said 814.23 foot radius curve, radius 714.23 feet, central angle 09 degrees 15 minutes 33 seconds 115.42 feet;

thence North 49 degrees 27 minutes 46 seconds East along said southeasterly right of way line and along tangent 1095.91 feet;

thence North 24 degrees 52 minutes 05 seconds West 51.93 feet to the centerline of said County State Aid Highway No. 8;

thence North 49 degrees 27 minutes 46 seconds East along said centerline 693.64 feet;

thence northeasterly along said centerline and along a tangential curve, concave to the northwest, radius 761.34 feet, central angle 49 degrees 37 minutes 14 seconds 659.35 feet to the east line of said Government Lot 3;

thence North 00 degrees 09 minutes 28 seconds West along tangent and along said east line of Government Lot 3 and along the east line of said Government Lot 7 a distance of 2060.09 feet to the point of beginning.

EXCEPT

That part of Government Lot 3 and that part of Government Lot 5, both in Section 17, Township 123 North, Range 37 West, Pope County, Minnesota, described as follows:

Commencing at the southwest corner of said Government Lot 5;

thence on an assumed bearing of North 89 degrees 59 minutes 17 seconds East along the south line of said Government Lot 5 a distance of 710.93 feet;

thence North 00 degrees 00 minutes 43 seconds West 280.00 feet;

thence North 89 degrees 59 minutes 17 seconds East 459.63 feet to the northwesterly right of way line of County State Aid Highway No. 8;

thence North 49 degrees 27 minutes 46 seconds East along said northwesterly right of way line 327.63 feet to the point of beginning of the land to be described;

thence North 40 degrees 34 minutes 35 seconds West 269.33 feet;

thence North 40 degrees 56 minutes 33 seconds East 273.03 feet;

thence South 40 degrees 32 minutes 59 seconds East 309.78 feet to said northwesterly right of way line;

thence South 49 degrees 27 minutes 46 seconds West along said northwesterly right of way line 269.90 feet to the point of beginning.

Containing 149.45 acres more or less. Subject to existing easements of record.

NOTICE IS FURTHER GIVEN that the object of this action is to obtain Judgment declaring that Plaintiffs are the owners in fee simple absolute of the above-described premises, and that the Defendants, and each of them, have no interest or estate in said property, nor lien thereon.

NOTICE IS FURTHER GIVEN that no personal claim is made by Plaintiffs against any of the Defendants.

ALTERNATIVE DISPUTE RESOLUTION PROCESS

MINNESOTA STATUTE 543.22 REQUIRES US TO PROVIDE YOU WITH A STATEMENT CONTAINING INFORMATION ABOUT ALTERNATIVE DISPUTE RESOLUTION PROCESSES AS SET FORTH IN MINNESOTA GENERAL RULES OF PRACTICE (MGRP). PARTIES TO A CIVIL ACTION ARE ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE DISTRICT COURT RULES. YOU MAY CONTACT THE COURT ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A COURT PROGRAM.

Dated this 2nd day of August, 2023.

THORNTON, DOLAN, BOWEN

KLECKER & BURKHAMMER, P.A.

By: /s/ Thomas P. Klecker

Thomas P. Klecker, #295206

Attorney for Plaintiffs

1017 Broadway, P.O. Box 819

Alexandria, MN 56308

(320) 762-2361

tklecker@thorntonlawoffice.com

Oct. 16, 23, 30