Minnesota Court of Appeals Reverses Kozy Demolition Order
DULUTH, Minn. – The Minnesota Court of Appeals has reversed an order for the demolition of the former Kozy Bar building in downtown Duluth.
On Monday, the court determined that the district court’s justification for the DEDA’s rejection of the Pastoret, LLC and OCH/Hoeft proposals were solely economic in nature.
According to the Minnesota Court of Appeals, “The court, therefore, erred in concluding that respondents established that there are no prudent and feasible alternatives to the property’s demolition and that the absence of any such alternatives presented “truly unusual factors.”
Last October St. Louis County Judge Eric Hylden ruled that the Pastoret building could be torn down saying there is, “no feasible and prudent option for historic renovation” for the building.
With Monday’s ruling from the court of appeals, the case will now be sent back to district court “for further consideration of respondents’ affirmative defense.”
The temporary injunction for the demolition of the building will also be restored and DEDA is required to perform all maintenance and repairs necessary to prevent further deterioration of the building.