I
n the frozen landscape of Lake Minnetonka, a battle for control has been raging for over seven years. At its center is Outlot B, Dragonfly Hill, a 330-square-foot sliver of land owned by the city of Orono that holds the key to riparian rights – access to the lake's waters. Dan Gustafson, a real estate agent and self-proclaimed expert on water rights, claims he owns these rights after purchasing them from the heirs of Anne and David Duff in 2020.

    However, his plan to install a dock with several boat slips has been met with resistance from a group of powerful individuals in Orono, including former Mayor Denny Walsh, City Council Member Matt Johnson, City Attorney Soren Mattick, and Dr. David Feldshon. They dispute Gustafson's claims, arguing that the water rights belong to the city or themselves.

    The controversy began when the Duffs sold their house on Shoreline Drive in 1987, retaining "riparian access and docking and boat buoy rights" as part of a quitclaim deed agreement with Orono. Over the years, these rights were split among the Duff children, with Feldshon acquiring one-third through a contract with Andrew Duff.

    Gustafson's purchase of the remaining rights from Elizabeth Duff in 2020 was met with skepticism by Feldshon and others, who questioned his legitimacy. The Lake Minnetonka Conservation District (LMCD) initially approved Gustafson's dock plan, but it was later denied after Feldshon objected to the application.

    Gustafson has since filed a lawsuit against the city of Orono and the Feldshons, accusing them of making false claims about ownership. The case has been dismissed twice in court, with judges ruling that Elizabeth Duff did not have the authority to sell the riparian rights to Gustafson. However, Gustafson's attorneys argue that this decision jeopardizes the future of probate law in Minnesota.

    As the battle for control continues, the fate of Outlot B, Dragonfly Hill remains uncertain. The odds of the state Supreme Court hearing Gustafson's case are low, but he remains determined to prove his ownership and protect his rights. For Feldshon, it's about preserving the integrity of the lake and preventing a "shantytown" from developing on its shores.

    The dispute has far-reaching implications for Minnesotans, with potential consequences for probate law and water rights across the state. As Gustafson puts it, "When a government agency changes their rules or doesn't follow their rules...it's very easy for me to pick up on that stuff and turn that on its head."