Art Center suit to go to trial
Published 12:55 pm Wednesday, September 15, 2010
Close to 100 members of the Albert Lea Art Center met Thursday night at Christ Episcopalian Church to receive an update on the organizations lawsuit against its landlord.
Also, the center could be looking for a new home, after being in the same location since the 1980s.
“There was no vote; it was an information sharing session for members only,” said board member Carol Wolter.
The sole purpose of the meeting, she said, was to inform the board members of the legal history and current status of the litigation in the civil case between the Art Center and the building’s owner, Susanne Crane.
In fact, ownership is the issue.
Crane purchased the building from the Art Center in 2005 for $40,000 with a special agreement that the Art Center remain in the building for the rent of $1
per year for 99 years. They disagree on such items as whether it was a mortgage or a contract for deed and who assumes ownership if the initial contract is breached.
Crane sued to evict the Art Center from the building in 2007 and failed. The parties not only disagree over who has legal ownership of the building, but have also argued about responsibilities, behavior and proper procedures. They fight over seemingly petty items, such as keys to the restrooms.
Now the center is suing Crane to get her to honor the initial contract from 2005. She had pledged to make repairs to the building, among other terms.
The Albert Lea Art Center was established in 1959 and they purchased the building, located at 224 S. Broadway Ave. where they are currently housed, in 1986.
Donald W. Savelkoul of Peterson, Savelkoul and Benda Ltd. represents the Art Center Board and served as spokesman on their behalf at the meeting.
“The relationship continued to deteriorate and Ms. Crane began taking more actions that the board believes violates the written agreements. When a compromise could not be reached, the current lawsuit became the board’s only viable option,” Savelkoul said.
“After discussions with the members in attendance, the board has decided to continue on through trial, and to see that the agreements that were made are honored and that the Art Center building is preserved.”
He said getting information to board members was just one element of the session. The other was to discuss resolution options.
“The board would much prefer to not be involved with this lawsuit, but it has been given no choice,” he said. “The board recognizes that it owes it to all future members of the Art Center, and to the community, to do everything it can to make sure that the Art Center can meet its mission for many years to come.”
The trial is scheduled for Nov. 2 through 4. The board also will explore opportunities for a new location.
“Depending on what happens at trial, the board will weigh its options with regard to both the present site and any other locations that are identified as a possible home,” he added.
When contacted for comment on Friday, Crane did not return the call.
Look for more about the Albert Lea Art Center case in Tuesday’s edition.