A legal dispute involving the city of Lakeville, a developer planning a retail building and a neighboring business was settled last week, clearing the road for construction of a new auto parts store at Hwy. 50 and Jubliee Way.

Business owners Dave Malmberg, who owns the neighboring building, and his son Eric, who operates the Re/Max Advantage Plus office in the building, sued the city and United Properties earlier this year. The Malmbergs claimed the city and United had told them the site next to theirs was destined to be a sit-down restaurant. In May, the city approved plans for an Advance Auto Parts store to be built on the site.

City officials and the developer both deny that any promises were made to the Malmbergs.

In their suit, the Malmbergs objected to the use of the new building and its location relative to their property. They also cited concerns over potential parking problems because the new business — unlike an upscale restaurant — would have daytime hours similar to RE/Max's.

Under a settlement agreement approved last week, United has agreed to move the new building site by about nine feet to the south and eight feet to the west from the original site. The settlement also included stipulations regarding landscaping and screening mechanical equipment and moving the trash enclosure at the new property.

The new building will be constructed on half of a parcel that is part of a larger piece of land United bought in 2004. In addition to the parcel with the Malmbergs' building, there are two parcels that have been developed and now have a Culver's restaurant and NTB, a tire store.

Fitness facility opens

Carrigan Fitness Warehouse, which offers fitness classes and a "boot camp" to help people get into shape, recently opened in Rosemount. The building at 3065 W. 145th St. is across from the post office and was previously occupied by Corrigan Electric.

Corrigan was purchased by Web Electric about two years ago after owner Don Corrigan retired, according to Web's owner Peter Bourland. He said his business employs four electricians, all of whom work out of their homes.

Retail building sold

Advance Stores Co. has acquired 14201 Morgan Av. S. in Burnsville from a private investment partnership for $1.25 million, according to the CoStar Group. The single-story, 12,544-square-foot retail building was built in 1991.

The purchase price is slightly above the assessed value of $1.24 million payable in 2014 but lower than the $1.72 million payable this year, according to Dakota County property records.

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Susan Feyder • 952-746-3282