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A Minnesota township approved road access for a family’s landlocked woodland parcel—but required a safer, substantially improved route estimated to cost $1.4 million to $1.9 million to build. In a 4-3 decision, the Minnesota Supreme Court upheld the township’s authority to impose construction and cost conditions. The case turns on a difficult question: when does a legally approved route provide meaningful access if its price may put it out of reach?
Why the Holstads asked for a cartway
Bryce and Jody Holstad own a reported 2.5-acre wooded parcel overlooking the St. Croix River, a few miles north of Stillwater. The Star Tribune reported that reaching it required crossing National Park Service land on foot, then traversing a gorge and creek. In June 2022, the couple petitioned the Town of May for a mandatory cartway under Minn. Stat. § 164.08, subd. 2(a), seeking a route across neighboring property. The case calendar identifies the matter as A24-1113.
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The Holstads proposed using most of an existing unpaved driveway without improvements, then building a narrow spur to their parcel. The driveway serves neighboring land owned by siblings Jim Hoy and Andrea Jungmann. Their property is reported as 16 acres and has been in their family since the 1880s. The Star Tribune described their concerns about the existing driveway’s narrow, steep sections, winter conditions, safety, privacy, and the possibility that a public road would invite broader use. Those are the neighbors’ reported concerns, not separate findings established here.
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The Town of May granted the petition but chose an engineer’s alternate alignment rather than the Holstads’ proposed route. The official case-calendar summary says the town considered the existing driveway unsuitable without improvements because it was narrow, could not accommodate emergency vehicles, and would be essentially impassable in winter. The alternate route, the summary says, avoided steep slopes, ravines, trees, and ecologically sensitive areas.
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The Star Tribune reported that the required right-of-way was two rods, or 33 feet, with 16 feet of pavement and two-foot gravel shoulders. The town also required construction to meet its engineer’s standards and outside regulatory approvals before work could begin. The ordered neighbor damages and town fees were separate from construction costs:
| Requirement or estimate | Reported amount or specification |
|---|---|
| Construction | Estimated at $1.4 million to $1.9 million, according to the Star Tribune |
| Damages to neighbors | $200,000 ordered by the town, according to the Star Tribune |
| Town professional fees and services | $95,500, according to the Star Tribune |
| Right-of-way and road design | 33-foot right-of-way; 16 feet of pavement and two-foot gravel shoulders, according to the Star Tribune |
The construction estimate is not the same as the damages or fees, and the figures should not be added together as though they were a single construction quote. The reported estimate alone explains why the dispute is commonly described as involving a roughly $2 million road.
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How the two route proposals differ
The disagreement was not simply whether the Holstads could have access. The township granted access, but selected a route and requirements intended to address road use and site conditions. The arguments over the two approaches reflect competing priorities described in the court-calendar summary and the Star Tribune’s account:
| Issue | Holstads’ proposed route | Township’s alternate route |
|---|---|---|
| Construction | Use most of the existing unpaved driveway without improvements, then build a narrow spur; the available reports do not give a cost estimate for this proposal. | Engineer-selected alignment with specified road improvements; construction was estimated at $1.4 million to $1.9 million by the Star Tribune. |
| Emergency and winter use | The town found the existing driveway unsuitable without improvements because emergency vehicles could not use it and winter passage would be essentially impassable, according to the case-calendar summary. | The town’s selected route and construction requirements were intended to address the conditions identified in its decision; the case-calendar summary says the alternate avoided steep slopes and ravines. |
| Neighbor impacts | The route would use much of the neighbors’ existing driveway. The neighbors raised safety and privacy concerns, as reported by the Star Tribune. | The alternate alignment still crossed neighboring property and entailed a 33-foot right-of-way, as reported by the Star Tribune; the available accounts do not quantify comparative privacy effects. |
| Terrain and ecological concerns | The town found the existing driveway’s narrow and steep characteristics unsuitable for the proposed use, according to the case-calendar summary. | The town said the alternate avoided trees and ecologically sensitive areas, along with steep slopes and ravines, according to the case-calendar summary. |
| Approvals and costs | The available accounts do not specify equivalent outside-approval conditions or a final cost for this proposal. | The town required outside regulatory approvals before construction, plus neighbor damages and town professional fees. |
What the Minnesota Supreme Court decided
The Holstads challenged the town’s resolution in Washington County District Court, the Minnesota Court of Appeals, and then the Minnesota Supreme Court. The Star Tribune reported that the Supreme Court ruled 4-3 for the town, upholding its authority to set construction and cost requirements, require relevant regulatory approval, and sustain the awards of neighbor damages and town legal fees.
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The official case-calendar entry frames the legal questions as whether Minn. Stat. § 164.08 gives townships “implied authority” to impose requirements when establishing a cartway, and whether the result fails to provide “meaningful access.” The calendar establishes the case number, statutory basis, procedural history, and issues accepted for review; the account of the final ruling and the justices’ reasoning here follows the Star Tribune’s report.
The majority’s view of affordability
According to the Star Tribune, the majority rejected affordability as a required consideration in selecting a cartway. The report quotes Justice Sarah Hennesy on that point: “We decline to do so.” In the majority’s approach as described by the paper, the town’s authority to set conditions did not depend on choosing the least expensive route for the petitioning landowners.
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The dissent’s view of meaningful access
The dissent, attributed by the Star Tribune to Justice Gordon Moore III, focused on whether access that is prohibitively difficult to build is meaningful in practice. The report quotes Moore’s assessment that “the conditions imposed make construction practically unattainable.” That is the dissent’s judicial position, not the holding of the court.
Why the dispute matters to neighbors and landowners
A cartway can address a landlocked parcel’s lack of ordinary road access while imposing a public route across someone else’s land. This case illustrates the tension between a petitioner’s need to reach property, neighbors’ safety and privacy concerns, the engineering and environmental constraints considered by local officials, and the financial burden of making a route usable.
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The Star Tribune captured the competing views in reported remarks. Bryce Holstad said, “A cartway is not a highway.” Town attorney Robert Alsop called the proceeding “a cartway establishment on steroids.” Andrea Jungmann, describing who might use a public route, said, “It’s anyone who wants to.” These statements convey the participants’ perspectives; they do not alter the court’s reported ruling or establish the future scope of use beyond the case.
What is known about the case’s status
As of the Star Tribune’s October 10, 2026, report, the Holstads had petitioned for rehearing. The paper also reported that they could appeal the damages and ask a jury to consider whether those damages were reasonable. The reviewed sources do not establish a later rehearing decision, whether such an appeal occurred, or whether the road was built, so the case should not be described as finally over.
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