TONKA BAY, Minn — The City of Tonka Bay is in the midst of its largest road reconstruction project in town history. Many of its original streets were built as an afterthought when people began building homes and cabins near the water.
But now one couple is fighting city hall over what the couple describes as a land grab.
Living in Tonka Bay for 12 years right on Manitou Harbor with access to Lake Minnetonka, Steve and Linda Larson love their home.
But on the other side, their property line is under threat.
"When they're putting curb and gutter in, it seems to me you'd like to hold onto your property," Steve said.
The reconstruction of Brentwood Avenue has already cost the Larsons four of their big trees that provided shade and privacy.
"Both sound privacy and visual privacy. So all of a sudden that's all gone," Steve said.
Now they are trying to stop the city from taking a small portion of their land.
"You know, to some people, it seems like a sliver. To us, it's property," Steve said.
"We're talking about an old community. And there are a number of lot lines that are kind of goofy.. at the end of the day when you take a look at it. And this just happens to be one of those properties," said Tonka Bay Mayor Adam Jennings.
Jennings said the old road already went through the Larson's property.
And he said the city is on solid legal ground. There is a Minnesota statute that says if a street is maintained by authorities for at least 6 years -- that land is deemed a public road.
But Steve said that over the years the city has distinguished the property line when it is beneficial to them, such as plowing snow only up to the edge.
"We shovel it, so we know," Steve said.
And refusing to address issues such as pooling water.
"They've always come and said this is your property. We can't do anything on it," Steve said.
The city altered its original plan to take less of the Larson's land with the street reconstruction, although the couple maintains that they should not have to compromise.
However, city engineers believe putting a bend in the street to avoid the Larson property altogether would be unsafe.
"While I would like to give them what they are looking for, we aren't in a position to do that in both a safe manner and a manner that doesn't encroach on the property across the street," Jennings said.
The Larsons have not hired an attorney, saying they don't want to spend their retirement savings. But construction on that street is set to resume in just days.