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Court taking 10 days to make decision on sale of Clarissa school building

by Karin L. Nauber

After a special meeting of the Clarissa City Council on Monday morning, January 29, a hearing was held in Todd County District Court before the Honorable Daniel Benson to decide if a temporary injunction halting the sale of the former Clarissa school building could be obtained by the city of Clarissa. The property was set to be sold to a private buyer, Barry Bauer, by the Browerville School District who now owns the building and grounds.

According to Clarissa’s Attorney Joe Krueger, the city’s position is that the property cannot be sold to a private individual for nominal consideration. In other words, it can’t be sold to Bauer for $1.

The city is asking the court to void the purchase agreement between Bauer and the Browerville School District. Because the closing was to be on February 1, the city sought the temporary injunction.

“We didn’t want this to close without it being resolved as to whether the school district can do this or not. We’re asking the court to impose the temporary injunction so it can be determined if the sale can be allowed or not,” said Krueger.

Judge Benson, who had a death in the family, asked that he be given 10 days to make a decision.

Krueger said that if the court voids the agreement with Bauer, the city of Clarissa is ready with a new purchase agreement for the property and with $5000 for the district’s troubles.

“Whether he grants the injunction or not, there is a court trial date for March 29 to discern whether or not this sale is permissible,” said Krueger.

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