Izaak Walton League of America Endowment, Inc. v. State, Dept. of Natural Resources

• Decision Date: 18 March 1977
• Docket Number: No. 46878,46878
• Parties: IZAAK WALTON LEAGUE OF AMERICA ENDOWMENT, INC., Respondent, v. STATE of Minnesota, DEPARTMENT OF NATURAL RESOURCES, Appellant.
• Court: Minnesota Supreme Court

Page 852

252 N.W.2d 852

312 Minn. 587

IZAAK WALTON LEAGUE OF AMERICA ENDOWMENT, INC., Respondent, v. STATE of Minnesota, DEPARTMENT OF NATURAL RESOURCES Appellant.

No. 46878.

Supreme Court of Minnesota.

March 18, 1977.

Warren Spannaus, Atty. Gen., Donald J. Paquette, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Popham, Haik, Schnobrich, Kaufman & Doty, Raymond A. Haik, and James R. Steilen, Minneapolis, for respondent.

Babcock, Locker, Neilson & Mannella, Anoka, Bruess, Hamerston, Bye & Boyd, James M. Nielsen, Charles H. Andresen and David P. Sullivan, Duluth, George Maloney, Minneapolis (seeking reversal), amicus curiae.

Warren Spannaus, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., Philip J. Olfelt, Asst. Atty. Gen., Steven G. Thorne, Sp. Asst. Atty. Gen., St. Paul (seeking affirmance), amicus curiae.

Heard before SHERAN, C. J., and ROGOSHESKE, PETERSON, KELLY, TODD, SCOTT, and STAHLER, JJ., and considered and decided by the court en banc.

PER CURIAM.

The State of Minnesota, Department of Natural Resources (DNR), appeals from a summary judgment entered in district court ordering specific performance by the state of a contract for the purchase of certain real estate owned by plaintiff, Izaak Walton League of America Endowment, Inc. (League).

The factual posture of this case, for the most part stipulated, is uncomplicated. The League owns in fee certain land located in Itasca County, Minnesota. Title to that realty was acquired from the state through the Commissioner of Revenue pursuant to Minn.St. 282.01 to 282.12, governing the sale of tax forfeited land. The abstract of title to the property reveals that prior to 1941 the land had been owned by one August Grandsinger. In that year the real estate taxes became delinquent and proceedings were initiated to enforce payment. Judgment was entered in those proceedings on March 13, 1941.

On December 17, 1949, there was filed a certificate of forfeiture pursuant to Minn.St. 281.23, subd. 8. That certificate recites the details of the tax forfeiture proceedings and indicates that the period of redemption expired without redemption being made. No other facts regarding the forfeiture proceedings appear of record. Some, if not all, of the Itasca County auditor's records pertaining to the tax forfeiture were destroyed pursuant to court order in 1970.

Title to the property vested in the state upon the expiration of the redemption period. On May 2, 1975, the League purchased the property in order to retain and protect it until such time as the appropriate public agency determined to obtain the property for wildlife habitat. The League received a tax deed from the Commissioner of Revenue. Thereafter, the Commissioner of Natural Resources sought to acquire the land pursuant to Minn.St. 97.481 for wildlife purposes, and 7 months after the League had purchased the property, the DNR entered into an option contract to buy the property back from the League.

The option contract requires the League to "give a good and marketable title in fee simple to said property, free and clear of all taxes and encumbrances, and (to) convey the same by warranty deed." By letter dated December 8, 1975, the DNR exercised its option. By letter dated December 15, 1975, the DNR objected to the state of the title held by the League, stating that it was not marketable title in that it depended upon a tax judgment sale certificate less than 40 years old. The League then commenced this action to compel specific performance of the contract.

The district court found the title to be marketable and ordered judgment requiring the state to perform the option contract. The state (DNR) appeals from that judgment. We dismiss the appeal for failure to present a justiciable controversy.

The existence of a justiciable controversy is prerequisite to adjudication. The judicial function does not comprehend the giving of advisory opinions. No controversy is presented, absent a genuine conflict in the tangible interests of opposing litigants. Because the existence of a justiciable controversy is essential to this court's exercise of jurisdiction, it may always raise the issue on its own motion. County Board of Education v. Borgen, 192 Minn. 512, 257 N.W. 92 (1934); Seiz v. Citizens Pure Ice Co.,207 Minn. 277, 290 N.W. 802 (1940); State ex rel. Smith v. Haveland, 223 Minn. 89, 25 N.W.2d 474, 174 A.L.R. 544 (1946); Arens v. Village of Rogers,240 Minn. 386, 61 N.W.2d 508 (1953), appeal dismissed, 347 U.S. 949, 74 S.Ct. 680, 98 L.Ed. 1096 (1954).

The parties entered into the purported contract at issue less with the intent that it be performed than with...