Twin Cities CEO sues city of East Gull Lake over helicopter use
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A resident is suing the city of East Gull Lake, northwest of Brainerd, over the use of his private helicopter at his lakefront home.
Doug Schieffer is CEO of a Twin Cities concrete company, and owns a multi-million-dollar home on Gull Lake’s Steamboat Bay. He says flying is a passion, and he uses the helicopter to save travel time between his Scott County home and his lake place.
But Schieffer’s had an ongoing dispute with the city of East Gull Lake over whether he can take off, land and store his helicopter on his property. The city maintains that under its zoning ordinances, those activities constitute an “airport,” and aren’t permitted in residential lakeshore areas.
East Gull Lake officials issued Schieffer a violation last February, citing multiple reports of helicopter activity on his property. The city’s response to Schieffer’s lawsuit includes photos apparently showing the helicopter taking off or landing, and being moved into a large garage.
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Schieffer appealed the violation, but the city’s board of adjustment twice denied the appeal. The Minnesota Department of Transportation also issued Schieffer a cease-and-desist order in May.
In November, Schieffer filed a lawsuit against the city in Cass County District Court, arguing that he’s not violating city codes. The city has countersued, asking the court to order Schieffer to stop defying the ordinance.
Nathan Sellers, an attorney with the Minneapolis law firm Fabyanske, Westra, Hart and Thomson, is representing Schieffer. He said Schieffer has tried for years to work with the city to reach an amicable resolution.
“It seems like every avenue that he’s offered and every expense that he’s taken has been rebuffed by the city,” Sellers said.
Currently, Schieffer is taking off and landing the helicopter on a barge on the lake adjacent to the property, which the city doesn’t regulate, Sellers said.
“It’s no different than the numerous seaplanes that operate in and around the city and Gull Lake in general all summer long,” he said. According to MnDOT, Steamboat Bay is a seaplane base open for public use.
Schieffer’s dispute with the city began in 2020, when he proposed building a helipad on the property. In an interview with MPR News, Schieffer said it would have been on the other side of the house, away from neighboring homes.
“It’s a very large area on the other side of the home, completely surrounded by trees, and nobody can really even see in there,” he said. “If I landed over there, it’s out of sight, out of mind. No one will even really hear me or know that I came in or out. That’s what I would love to have happen.”
But the city rejected the proposal to allow private helipads, which faced opposition from neighboring residents concerned about noise, safety and environmental impacts.
“There are certain uses the city just doesn’t allow, and they think that this particular use doesn’t fit with the residential shoreline district,” said Jason Kuboushek, an attorney representing the city of East Gull Lake.
Another plan to build a hangar at the nearby municipal airport also fell through, due to deed restrictions on the property that prevent cutting down trees.
Schieffer argues that what he’s currently doing — landing the helicopter on a barge and then taxiing to his property — doesn’t violate city rules. And he says its noise is no louder than speed boats, lawn mowers or other common sounds around the lake.
“I believe what I am doing is perfectly legal, but it’s what we’re going to go fight about [in court],” Schieffer said.
East Gull Lake’s attorney said the city recognizes that Schieffer has the right to land on the water or on a barge.
“It’s the act of him utilizing his residential property as a hangar for his aircraft that’s the violation of the zoning ordinance,” Kuboushek said.
Schieffer’s legal battle has generated headlines worldwide, with critics panning him as a wealthy tycoon who thinks he should get to do whatever he wants. Schieffer said people need to understand the whole story before they judge.
“I’m fighting to do this in the least intrusive manner,” he said. “But yet, being a very passionate person and believing in property rights, I don’t just quit.”
