Hearing held in Broadmoor Valley lawsuit
Attorney General’s Office, mobile home park owners ask for judge’s ruling
MARSHALL — Attorneys on both sides of a lawsuit against the owner of the Broadmoor Valley mobile home park in Marshall appeared in court on Wednesday. The Minnesota Attorney General’s Office and attorneys for Broadmoor Valley owners Schierholz and Associates are each asking for a judge’s ruling in their favor.
After Wedneday’s hearing, the judge said she would consider the arguments, and issue a ruling as soon as possible.
The Attorney General’s Office is seeking more than $3 million in civil penalties against Schierholz and Associates, according to court documents filed this summer.
The Attorney General’s Office sued the Broadmoor Valley owners in 2021, alleging that they had failed to maintain the streets and mobile home park to state standards. The lawsuit also alleged the owners charged illegally high fees for late rent payments, and retaliated against residents of the park.
The lawsuit was put on hold in 2023, while Schierholz and Associates filed for Chapter 11 bankruptcy in Colorado. Court proceedings started up again this year.
Court documents said the Attorney General’s Office is seeking a total of $3.87 million in civil penalties against the Broadmoor Valley owners, as well as about $13,970 in restitution to residents, and updates to streets and utilities at the mobile home park.
Wednesday’s hearing was held over Zoom. Bennett Hartz of the Minnesota Attorney General’s Office argued that both the Attorney General and Schierholz and Associates “basically agree” on the facts of the case, including that roads at Broadmoor Valley were inadequate, that the owners charged illegally high late fees, and took retaliatory actions against some residents of the park. Hartz said the Attorney General’s Office had the ability to enforce commercial and business laws in Minnesota.
However, attorneys Kevin Riach and Alethea Huyser argued that there were disputes over facts in the case, which meant it wouldn’t be appropriate for the judge to issue a summary judgment instead of going to trial. During the hearing, Huyser said the roads at Broadmoor Valley were usable, and residents used them every day. She also argued that Schierholz and Associates faced barriers from the city of Marshall in trying to address complaints about conditions at the mobile home park.
Riach said it wasn’t clear that the Attorney General’s Office had evidence of retaliation against Broadmoor Valley residents. Riach and Huyser also argued that claims of poor maintenance at Broadmoor Valley didn’t have to do with laws against fraud or unfair business practices.
Lyon County District Court Judge Tricia Zimmer said she would take the case under advisement, and would issue a written ruling as soon as possible.
There are trial dates tentatively scheduled for the lawsuit, Lyon County court records said. Those dates are in late January.



