The Minnesota Supreme Court has ruled in favor of Rochester-area developer and builder Frank Kottschade in his ongoing dispute with the city of Rochester. At issue in this case is whether Rochester can appeal an order for arbitration from a previous case before any arbitration takes place.
In 2010, the Rochester and Kottschade, were ordered into arbitration by a district court in a separate case. Rochester sued, challenging the decision to enter arbitration and sought to prohibit any further arbitration on the matter.
“This is a huge victory for the housing industry,” said Kottschade. “Cities are required to honor the agreement into which they enter.”
The Supreme Court’s ruling sends the case back to district court and orders that arbitration must be completed before either party can appeal the arbitration.