The City’s position is that it did not need to condemn the lease. It was terminated as of closing. If there is a dispute about what termination means, then your issue is with the Landlord, not the City.”

Hastings City Attorney Kori Land

On Nov. 3, the Hastings City Council went into closed session regarding the lawsuit brought forth by Pizza On 50th & France, Inc. dba Carbone’s Pizza against the city alleging that the business was “not afforded eminent domain proceedings or just compensation,” according to the complaint provided to the Hastings Journal by Dougherty Molenda Solfest, Hills & Bauer P.A.
The lawsuit concerns the construction of the central water treatment plant at 1290 North Frontage Road, which the city purchased earlier this year and in doing so displaced Stacy’s Stars and Carbone’s Pizzeria.
According to the complaint, Carbone’s Pizza alleges that the city improperly ended the Carbone’s lease by not invoking eminent domain proceedings during the purchase of the property.
Carbone’s lease of the property was until Dec. 21, 2029.
The complaint alleges five counts:
1. Unlawful taking / Inverse Condemnation: the city’s purchase of 1290 North Frontage Road and demand of vacating the property “extinguished Plaintiff’s leasehold rights without just compensation.”
2. Unlawful taking / Due Process Violation: Carbone’s was “deprived of the Property without lawful notice, hearing or proper remedy.”
3. Unlawful Eviction / Constructive Eviction: The city used its governmental position for the purpose of “dispossessing Plaintiff of the Property without due process.”
4. Tortious Interference with Economic Advantage: the city’s purchase of the property stopped the otherwise profitable business for damages “well-exceed $50,000 as reasonable, foreseeable, direct consequences of Defendant’s unlawful actions.”
5. Declaratory Judgement / Mandamus: The City of Hastings actions “constituted an unlawful taking and that Defendant was required to commence eminent domain proceedings before dispossessing Plaintiff of the Property.”
The complaint demands a jury trial, seeking among other things, damages in excess of $50,000, a declaration saying the city’s actions were an unlawful taking and violation of Carbone’s rights, and costs, disbursements and reasonable attorney’s fees as permitted by law.
The complaint contains several emails from last August between Hastings City Attorney Kori Land and Robert Bauer, who represents Carbone’s.
“I am trying to understand how it is possible for the City of Hastings to have required my client to vacate their premises without the city initiating eminent domain proceedings. I understand that the City acquired the property by direct purchase, but nevertheless, in order to require my client to vacate the property, a condemnation action and a public purpose hearing would be necessary,” said Bauer in an email dated Aug. 11, 2025.
“I guess we disagree,” responded Land on Aug. 21, 2025, continuing in another email from that day. “The City’s position is that it did not need to condemn the lease. It was terminated as of closing. If there is a dispute about what termination means, then your issue is with the Landlord, not the City.”
The city was served with a summons two months later Oct. 21, 2025.
Pizza On 50th & France, Inc. dba Carbone’s Pizza owners Jenn and Rich Magnuson did not respond to calls for comment.
The City of Hastings provided the statement from City Administrator Dan Wietecha from the Nov. 3 City Council meeting: “Other than acknowledging it, there really is nothing I can say at the moment.”