On February 15, 2023 a
Motion-Secondary
was filed
involving a dispute between
and
for Trust
in the District Court of Waseca County.
Preview
81-CV-23-104
Filed in District Court
State of Minnesota
3/31/2023 3:08 PM
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF WASECA THIRD JUDICIAL DISTRICT
In Re the Matter of the Ronald E. Roehrs Court File No. 81-CV-23-104
Trust dated August 9, 1999. Case Type: Trust
Judge Carol M. Hanks
OBJECTION TO PETITIONER’S
MOTION FOR PRELIMINARY
INJUNCTION
TO: HONORABLE CAROL M. HANKS; MICHAEL ROEHRS, PEITIONER; BARBARA
PODLUCKY BERENS, ATTORNEY FOR PETITIONER; JANET THARP, RHONDA
CONRATH & DANIEL ROEHRS, BENEFICIARIES; J. ROBERT KEENA, ATTORNEY FOR
BENEFICIARIES; SANDRA WALSTROM, BENEFICIARY; B. STEVEN MESSICK,
ATTORNEY FOR BENEFICIARY VIA E-SERVICE
STEVEN ROEHRS, BENEFICIARY, 21562 AGATE ROAD, FREDERIC, WI 54837
Marvel B. Roehrs, Trustee of the Ronald E. Roehrs Trust dated August 9, 1999, and amended
September 13, 1999, (“Trust”), through the undersigned attorney, objects to Petitioner’s Motion
for a Preliminary Injunction as follows:
OBJECTION
1. In consensus with the Memorandum in Opposition to the Motion for Preliminary
Injunction submitted by Sandra Walstrom, Janet Tharp, Rhonda Conrath and Daniel
Roehrs, Trustee objects to Petitioner’s Motion.
2. The cropland owned by the Trust has been rented for the 2023 growing season. Breaching
the current lease would open the Trust up to unwanted liability to its current tenant, Garry
Walstrom, based on his reliance on the current contract.
3. Petitioner’s proposal fails to show how his Texas-based company would farm the crop
land for the 2023 growing season. The risk of the land being left fallow for the 2023 year
81-CV-23-104
Filed in District Court
State of Minnesota
3/31/2023 3:08 PM
would pose much risk to the future health of the crop land and the income stream of the
Trust.
4. Petitioner’s Motion misstates the number of acres of cropland and the past rental rate of
the cropland. The Trust maintains 108 acres of tillable crop land. It has rented this, in the
past, for $110 per acre.
5. Trustee and the current tenant have agreed the rental rate for the 2023 season shall be
raised to $208 per acre.
Wherefore, Trustee, Marvel B. Roehrs, asks the Court to:
1. Deny Petitioner’s Motion for Preliminary Injunction in its entirety.
2. All other relief the Court deems equitable and just.
ACKNOWLEDGEMENT
The undersigned hereby acknowledges that sanctions may be imposed under Minn. Stat. §
549.211 subd. 3 to the party against whom the allegations in this pleading are asserted and
certifies that to the best of the person's knowledge, information, and belief, formed after an
inquiry reasonable under the circumstances this pleading meets the requirements of Minn. Stat. §
549.211 subd. 2.
DATED: March 31, 2023 Einhaus, Mattison, Carver & Haberman, PA
/s/ Madeleine K. Haberman_______
Madeleine K. Haberman, esq.
Attorney No. 0403593
Einhaus, Mattison, Carver & Haberman, PA
202 N Cedar Avenue
Owatonna, MN 55060
Phone: (507) 456-6057
madeleine@owatonnalawyers.com
2
Document Filed Date
March 31, 2023
Case Filing Date
February 15, 2023
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
81-CV-23-104 Filed in District Court State of Minnesota 3/31/2023 3:08 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASECA THIRD JUDICIAL DISTRICT In Re the Matter of the Ronald E. Roehrs Court File No. 81-CV-23-104 Trust dated August 9, 1999. Case Type: Trust Judge Carol M. Hanks OBJECTION TO PETITIONER’S MOTION FOR PRELIMINARY INJUNCTION TO: HONORABLE CAROL M. HANKS; MICHAEL ROEHRS, PEITIONER; BARBARA PODLUCKY BERENS, ATTORNEY FOR PETITIONER; JANET THARP, RHONDA CONRATH & DANIEL ROEHRS, BENEFICIARIES; J. ROBERT KEENA, ATTORNEY FOR BENEFICIARIES; SANDRA WALSTROM, BENEFICIARY; B. STEVEN MESSICK, ATTORNEY FOR BENEFICIARY VIA E-SERVICE STEVEN ROEHRS, BENEFICIARY, 21562 AGATE ROAD, FREDERIC, WI 54837 Marvel B. Roehrs, Trustee of the Ronald E. Roehrs Trust dated August 9, 1999, and amended September 13, 1999, (“Trust”), through the undersigned attorney, objects to Petitioner’s Motion for a Preliminary Injunction as follows: OBJECTION 1. In consensus with the Memorandum in Opposition to the Motion for Preliminary Injunction submitted by Sandra Walstrom, Janet Tharp, Rhonda Conrath and Daniel Roehrs, Trustee objects to Petitioner’s Motion. 2. The cropland owned by the Trust has been rented for the 2023 growing season. Breaching the current lease would open the Trust up to unwanted liability to its current tenant, Garry Walstrom, based on his reliance on the current contract. 3. Petitioner’s proposal fails to show how his Texas-based company would farm the crop land for the 2023 growing season. The risk of the land being left fallow for the 2023 year 81-CV-23-104 Filed in District Court State of Minnesota 3/31/2023 3:08 PM would pose much risk to the future health of the crop land and the income stream of the Trust. 4. Petitioner’s Motion misstates the number of acres of cropland and the past rental rate of the cropland. The Trust maintains 108 acres of tillable crop land. It has rented this, in the past, for $110 per acre. 5. Trustee and the current tenant have agreed the rental rate for the 2023 season shall be raised to $208 per acre. Wherefore, Trustee, Marvel B. Roehrs, asks the Court to: 1. Deny Petitioner’s Motion for Preliminary Injunction in its entirety. 2. All other relief the Court deems equitable and just. ACKNOWLEDGEMENT The undersigned hereby acknowledges that sanctions may be imposed under Minn. Stat. § 549.211 subd. 3 to the party against whom the allegations in this pleading are asserted and certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances this pleading meets the requirements of Minn. Stat. § 549.211 subd. 2. DATED: March 31, 2023 Einhaus, Mattison, Carver & Haberman, PA /s/ Madeleine K. Haberman_______ Madeleine K. Haberman, esq. Attorney No. 0403593 Einhaus, Mattison, Carver & Haberman, PA 202 N Cedar Avenue Owatonna, MN 55060 Phone: (507) 456-6057 madeleine@owatonnalawyers.com 2