The Minnesota Court of Appeals held oral arguments at the St. Louis County Courthouse last Thursday, Sept. 7 during the first week of the 2023-2024 term.

A panel comprising Presiding Judge Diane Bratvold, Judge Peter Reyes Jr. and Judge Tracy Smith heard two cases Thursday morning: Duluth Preservation Alliance vs. North Creek Investors and Fond du Lac Management, Inc. v. Lexington Insurance Co.

Duluth Preservation Alliance vs. North Creek Investors, which began in late 2022, focuses on the demolition of the former Hotel Astoria. The Duluth Preservation Alliance is a group dedicated to preserving the city’s historic architecture. It argued that North Creek Investors, the building owners, wanted to tear it down purely for economic reasons, violating state environmental law. They also contend that the Duluth City Council was acting improperly when it overturned a decision by the Heritage Preservation Commission, allowing the demolition of the Hotel Astoria.

The District Court ruled in favor of North Creek Investors, leading the DPA to appeal. 

Fond du Lac Management, Inc. v. Lexington Insurance Co., which was also filed in 2022, focuses on insurance law. In March of 2020, Fond du Lac Management, the corporate business committee of the Fond du Lac Band of Lake Superior Chippewa, purchased business insurance from Lexington Insurance Company. When the government forced Fond du Lac Management to close its business due to the spread of COVID-19, it filed an insurance claim, which was eventually denied. Fond du Lac Management contends that they are entitled to an insurance payment, as their policy “expressly provide coverage for ‘Lost Business Income’ and the consequences of actions by ‘Civil Authority.’”

This District Court ruled in favor of Lexington Insurance Company, leading Fond du Lac Management to appeal. 

The court was scheduled to hear a third case, Deer River MHP vs. Fred Francisco. However, the parties reached a tentative settlement agreement before it was heard by the court. The judges also participated in a question and answer session after oral arguments hosted by the local Bar Association. 

Oral arguments held in the court’s 2023-24 term, which began on Tuesday, will be livestreamed on the court’s website at mncourts.gov.