The Free Press, Mankato, MN

Local News

November 6, 2013

Marktplatz Mall legal battle turns bizarre with arrest

Legal wrangle over Marktplatz Mall continues

NEW ULM — The Marktplatz Mall’s three-year-long legal battle gained another twist in its increasingly bizarre story with two arrests of one of its owners this week.

Randy Danielson, owner of the southern mall portion, was arrested Nov. 1 for failing to appear at his Oct. 29 court hearing over charges he stole scaffolding and a ladder from Ted Javert, the northern side’s mall manager.

Danielson posted bail and attended the next hearing on Tuesday. But he was arrested after the hearing when New Ulm police learned he had an outstanding warrant for failing to appear for a Sibley County District Court hearing.

The controversy originated with New Ulm Retail and Development, owner of the northern side of the mall, building a wall through the shared common area separating the sides of the mall. The organization accused Danielson of improperly heating his side. NURD said they have obtained all the legally required permits.

Danielson claims NURD is using the wall to pressure him over their ongoing lawsuit. The NURD lawsuit claims Danielson mismanaged the rents he collected from their side of the mall through his rights as owner of first mortgage of the northern side. Danielson bought the mortgage in 2011 to prevent NURD’s side from being sold due to default.

According to the police report, Javert contacted New Ulm police to report the alleged theft. Danielson subsequently confirmed to police he took the equipment but refused to meet to return it. Misdemeanor theft charges were filed Oct. 11.

Danielson said he will plead not guilty at the next hearing because he believes Javert was trespassing and he had a right to take the equipment under his ownership of the first mortgage. It is unclear how Danielson plans to assert this because the mortgage has no details on this issue and he has not yet foreclosed on it.

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