27-CV-22-1089

Filed in District Court

State of Minnesota
1/25/2022 4:36 PM

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

County of Hennepin, Civil No. _____________

Plaintiff, Case Type: Tort/Civil

v.
COMPLAINT
Paul Berquist, Benjamin Field
Wilson, and Superior Dreams LLC
Defendants.

The County of Hennepin (“County”) as and for its Complaint against Paul Berquist,

Benjamin Wilson, and Superior Dreams LLC (“Defendants”), by and through its undersigned

counsel, states and alleges as follows:

INTRODUCTION

1. This action has been brought to remedy the civil nuisance and dangerous situation

created by Defendants on or about December 15, 2021 and continuing through the

present date wherein Defendants moved their yacht named Seanote (“Yacht”) from Lake

Minnetonka to a boat access in Spring Park owned by County where the Yacht currently

remains in a small, sloped parking lot of that access while holding approximately 200

gallons of fuel.

2. Despite repeated requests by County of Defendants to immediately move the Yacht from

County’s boat access, Defendants have failed to move the Yacht thus creating dangerous

circumstances as the Yacht is not seated on a proper trailer for the design of the Yacht

and is positioned on a slope, not level ground.

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State of Minnesota
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3. The Hennepin County Sheriff’s Water Patrol (“Water Patrol”) has determined that the

Yacht cannot be transported on the current trailer but must be moved onto a trailer which

meets all legal requirements to move the Yacht legally and safely to a marina.

4. The Water Patrol has issued multiple parking tickets and multiple citations for criminal

nuisance to Defendants.

5. Defendants’ actions pose an extreme risk of injury if the Yacht were to topple, creating a

danger to Lake Minnetonka if the fuel were to spill and creating a substantial obstruction

to the free use of the Access.

PARTIES

6. Plaintiff County of Hennepin is a political subdivision of the State of Minnesota.

7. Upon information and belief, Defendant, Paul Berquist, is an acknowledged owner of the

Yacht, a person who brought the Yacht to the Access on approximately December 15,

2021 and the owner of the trailer upon which the Yacht currently rests.

8. Upon information and belief, Defendant Superior Dreams LLC has title to the Yacht

although the Yacht is not registered in Minnesota.

9. Upon information and belief, Defendant Benjamin Wilson is an owner of the Yacht and

the sole nameholder for Superior Dreams LLC.

JURISDICTION & VENUE

10. Plaintiff has all rights and powers vested to counties pursuant to Minnesota Statute

chapters 373 & 383B, including the power to sue as provided in Minnesota Statute

section 373.01.

11. This Court has jurisdiction over Plaintiff’s case pursuant to Minnesota Statute 484.01,

subdivision 1(1).
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State of Minnesota
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12. Venue is proper within this District pursuant to Minnesota Statute section 542.09.

FACTUAL ALLEGATIONS

13. Hennepin County owns and maintains two boat accesses on Lake Minnetonka, one of

which is the Access which is located at 4141 Shorewood Drive in the City of Spring

Park, County of Hennepin, State of Minnesota.

14. The Yacht is an approximately 58-foot vessel which weighs likely 45 tons but in the

range of between 30 to 50 tons and has been on the lake for approximately 25 years, used

as a charter boat and previously stored during the off season at Tonka Bay Marina.

15. Tonka Bay Marina was unable and unwilling to store the Yacht for the winter of 2021-

2022.

16. On approximately December 15, 2021, Defendants brought the Yacht to the Access and

onto the Access boat launch where the Yacht substantially blocked access to the lake by

other citizens.

17. On approximately December 23, 2021, Defendants moved Yacht to another location at

the Access parking lot where the Yacht has remained.

18. Defendants did not seek prior permission of Hennepin County to move the Yacht onto the

access, block access by the public to the lake, nor store the Yacht indefinitely at the

Access.

19. The Water Patrol has repeatedly asked Defendant Paul Berquist to remove the Yacht from

the Access.
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State of Minnesota
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20. The Yacht is a V-shaped haul design resting on flatbed trailer (“Trailer”) which is a very

dangerous configuration as the Yacht is unstable even though supported by

approximately fifteen braces, approximately half of which are exhibiting signs of

buckling.

21. The Yacht is on a slope which makes it less stable and more susceptible to tipping.

22. The Yacht contains approximately 200 gallons of fuel.

23. Due to the dangerous situation, the County has been forced to erect cement barriers

around the Yacht to help protect the public.

24. The Water Patrol and the State Commercial Vehicle Inspectors have determined that the

Trailer fails to meet numerous state requirements for transportation of a boat the size of

the Yacht.

25. The Water Patrol and the State Commercial Vehicle Inspectors have determined that the

Trailer is not roadworthy and is in violation of state law as the Trailer contains an unsafe

load. Any attempt to modify the Trailer would occur in the area of the lake access and

potentially result in the Yacht toppling and crushing anyone and anything underneath it.

26. The Water Patrol and the State Commercial Vehicle Inspectors have determined that the

Trailer cannot be modified to meet state requirements for transportation of the Yacht

regardless of whether the Yacht is 50 tons or 30 tons.

27. The Water Patrol and the State Commercial Vehicle Inspectors have concluded that the

Yacht must be moved onto a legally sufficient Trailer to transport the Yacht legally and

safely from the Access.

28. Defendant Berquist has acknowledged that there are approximately 200 gallons of fuel

stored on the Yacht.

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State of Minnesota
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29. If the Yacht were to topple, residents could be injured or killed.

30. If the Yacht were to topple, 200 gallons of fuel and oil could flow into Lake Minnetonka,

polluting the water.

31. County personnel have examined the Access lot which is currently covered by snow and

ice and noted some damage to the asphalt surface but cannot determine the full extent of

the damage.

COUNT I: CIVIL NUISANCE

32. Plaintiff restates and re-alleges the foregoing as if fully set forth herein.

33. Plaintiff is the owner of the Access located within the municipal boundaries of Hennepin

County.

34. Plaintiff and its citizens have the legal right to fully use and enjoy the Access without the

risk of injury.

35. Defendants’ act of bringing a 45-ton V-hauled yacht onto the Access, owned by Plaintiff

and leaving the Yacht on the sloped access parking lot for an ongoing and indefinite

period, is very dangerous to the public, injurious to health, and indecent and offensive to

the senses interfering with citizen’s comfortable enjoyment of life or property.

36. Plaintiff has not given Defendant’s permission to leave the Yacht at the Access and have

repeatedly demanded Defendant move the Yacht to a different location.

37. Defendants’ act of leaving the Yacht at the Access thus forcing County to erect cement

barriers to protect the public as best as possible, has reduced the availability of parking

spaces from nine general parking spaces to one parking space and consequently created

an obstruction interfering with the comfortable enjoyment of life or property.

38. Minnesota Statute section 561.01 provides that:

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State of Minnesota
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Anything which is injurious to health, or indecent or offensive to the senses, or an

obstruction to the free use of property, so as to interfere with the comfortable

enjoyment of life or property, is a nuisance. An action may be brought by any

person whose property is injuriously affected or whose personal enjoyment is

lessened by the nuisance, and by the judgment the nuisance may be enjoined or

abated, as well as damages recovered.

39. Defendants’ actions constitute an ongoing violation of Minnesota Statute section 561.01

in that the presence of the Yacht at the Access has been and continues to be injurious to

health, and indecent and offensive to the senses, and an obstruction to the free use of

property, so as to interfere with the comfortable enjoyment of life or property.

40. Hennepin County has been damaged and will continue to be damaged by Defendants’

nuisance in an amount to be proven at trial.

COUNT II: TRESSPAS

41. Plaintiff restates and re-alleges the foregoing as if fully set forth herein.

42. Plaintiff is the rightful owner, and the rightful party in possession, of the Access.

43. Defendant unlawfully trespassed upon Plaintiff’s property in that it delivered the Yacht to

the Access on December 15, 2021 and continues to store the Yacht at the Access despite

repeated demands by Plaintiff to move the vessel to another location.

44. Hennepin County has been damaged and will continue to be damaged by Defendants’

trespass in an amount to be proven at trial.

COUNT III: EJECTION

45. Plaintiff restates and re-alleges the foregoing as if fully set forth herein.
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State of Minnesota
1/25/2022 4:36 PM

46. The common law tort of ejection “can be maintained only against a person in possession

by one having a present exclusive right to possession. Levine v. Twin City Red Barn No.

2, Inc., 296 Minn. 260, 263, 207 N.W. 2d 739, 741 (Minn. 1973). (citing Pence v. St.

Paul, M. & M. Ry. Co., 28 Minn. 488, 11 N.W. 80 (Minn. 1881).

47. Plaintiff as fee owner of the Access is entitled to present and immediate possession of the

property in its entirety.

48. Defendants’ continuing possession of a portion of the Access by the occupation and use

of seven of nine general public parking spots (eight spots including the placement of a

protective concrete barrier) at the Access is wrongful and unlawful.

49. Plaintiff is entitled to immediate injunctive relief ejecting Defendant from the County

Property, ordering Defendant to restore full possession in the County Property to

Plaintiff.and to restore the property to the condition prior to Defendants’ storage of the

Yacht on the property.

Wherefore County of Hennepin prays for judgment as follows:

1. An order for injunctive relief directing Defendants to cease and desist from storing the

Yacht on County Property and to immediately remove the Yacht from its current location

at 4141 Shorewood Drive, Spring Park, Minnesota;

2. An order permanently barring the Yacht, regardless of ownership, from entry onto any

Hennepin County access;

3. Damages for boat storage fees as calculated by an average of storage charges at nearby

marinas for a similar sized yacht;

4. Damages for harm to the Access;

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State of Minnesota
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5. Damages for other County costs and disbursements;

6. Compensation for reasonable attorneys’ fees as allowed by law; and

7. Such other and further relief as the Court deems just and equitable.

JURY DEMAND

Plaintiff Hennepin County hereby requests a trial by jury.

Respectfully submitted,

MICHAEL O. FREEMAN
Hennepin County Attorney

Dated: January 25, 2022 __/s/__Charles Salter____________________

JAMES W. KEELER, JR. (176199)
CHARLES H. SALTER (130655)
Assistant Hennepin County Attorneys
C-2000 Government Center
Minneapolis, MN 55487
Telephone: (612) 348-8197