Petsinger wins two claims against Jaguar

Court documents show that Daniel Petsinger of rural Ellendale won two counterclaims against internet service provider Jaguar LLC/Metronet on Dec. 23, 2024.

In 2008 Jaguar LLC/Metronet obtained an easement to construct a building erected at 601 Lageson Court within Ellendale city limits. That easement has now been deemed invalid/illegal in a decision from Steele County’s Third Judicial District court. Jaguar LLC/Metronet has been given 30 days from the ruling to remove personal property without damage to the building. From that point on, the building and its contents belong to Petsinger and his wife. 

Petsinger estimates the value of the professional equipment, including fiber-optic equipment, in addition to other items, inside the building to be about $2.2 million.

The battle, however, is not done as Petsinger seeks restitution and corrections to the ruling through Minnesota’s appellate courts.

“I’m seeking all damages and restitution owed to me,” Petsinger told the Star Eagle.

Petsinger said his filing fees and all costs associated from this year-long court process should be paid by Jaguar LLC/Metronet. He also feels he is owed for “unjust enrichment.”

“Jaguar/Metronet did not have authority to be on my property or use it for financial gain,” Petsinger explained. “I am entitled to unjust enrichment for the use and occupancy of my property–all of the revenues garnered from or through that building. I’m entitled to all of it.”

To the best of Petsinger’s knowledge, that amount is $367 million.

“Only what I’ve calculated through eight years,” Petsinger said. “Metronet is a billion dollar a year business. That’s how much money they made through eight years in Ellendale.”

Petsinger is also seeking corrections to the judgment ruling, stating that Jaguar LLC/Metronet forfeited all rights to the property when the company failed to register as an “interested party” with the county.

Timeline

The following information was all obtained through court documents filed in Steele County.

In 2007 DJ Gravel Inc failed to pay taxes on the lot located at 601 Lageson Court. A year later a tax judgment was entered and, with the taxes unpaid, the Steele County Auditor bid the contested property in for the state.

On Dec. 8, 2008, DJ Gravel conveyed to Jaguar an easement over the southerly 30 feet of the property which authorized construction of a building 21 feet long and 16 feet wide for “the purpose of housing communications equipment and perpetual, exclusive use of the building in Jaguar’s business operations.”

The conveyance was recorded in the Steele County recorder’s office the next day, Dec. 9, 2008.

Construction permits for Jaguar’s building were obtained even before the easement was created. Within 30 days of the easement’s creation, Jaguar began and completed construction of the building and has maintained and used it as part of its regular business operations ever since.

On June 12, 2015, the Steele County auditor served notice of expiration of the redemption period for the tax judgment lien against the contested property. In August of 2015, the county issued a certificate stating the property was forfeited for nonpayment of taxes. The property was then purchased by Petsinger: the sale was recorded with the Steele County Recorder's office in 2017.

For more than six years after May 1, 2017, Petsinger did not interfere with Jaguar’s entry and use of the southerly 30 feet of the contested property to operate and maintain its communications equipment and building.

However, on Feb. 8, 2024, Petsinger delivered a trespassing notice/warning to Jaguar LLC/Metronet and posted “no trespassing” signs on the property. Petsinger screwed one such sign to the door of the building and also wrapped yellow tape around survey markers and “No

Trespassing” signs that surrounded the building.

According to Petsinger, Jaguar LLC/Metronet erected a generator on the property without contacting him and without pursuing the required permits. He says those actions prompted him to respond. The Steele County Sheriff was called in after Petsinger barred the entrance to the location. Petsinger then allowed Jaguar LLC/Metronet access to the building. This led to Jaguar LLC/Metronet filing for, and getting, a temporary restraining order against Petsinger, ensuring they would still have access to their building. Petsinger said he has respected the restraining order and has maintained video surveillance of the property.

Ruling

Steele County court documents state Jaguar/Metronet did have a valid easement in 2008, but “the easement was extinguished by the tax forfeiture in 2015.

“Because (Jaguar) has no easement over the contested property, their Motion for Summary Judgment [and complaint] must be and is denied,” court documents read.

The court ruled against Petsinger’s claim to ‘mesne profits’ [financial compensation] from Jaguar’s use of the building, stating “With respect to the time after the tax forfeiture, both parties are at fault for the current situation.”

Court records further read:

“Although Jaguar/Metronet could have discovered the tax judgment and lien in public records through proper diligence before acquiring its easement in 2008, they failed to do so. Similarly, Petsinger could have learned of this potential dispute had he discovered the recorded easement in public records through proper diligence before acquiring his interest from the state, but he failed to do so.

“Moreover, while the tax lien was not a tangible thing visible to Jaguar/Metronet when entering upon the contested property, their use of the contested property was plainly visible to Petsinger and anyone else who passed by. Therefore, Petsinger knew or should have known of the alleged injury to his right of exclusive possession from the first day of his ownership.”

Following 30 days for Jaguar/Metronet to remove its possessions from the property, the temporary restraining order against Petsinger will be dissolved.

Petsinger represented himself in the case.

Representing Jaguar/Metronet was Attorney Taylor Sztainer.