Judge Orders Ex-Rochester City Council Member to Pay Over $7,000

Rochester, MN (KROC-AM News) - A former member of the Rochester City Council has been ordered to pay more than $7,000 to cover court costs and reimburse a current council member for legal fees associated with a lawsuit challenging the results of the November 2024 City Council election.

Kelly Rae Kirkpatrick lost to challenger Andy Friederichs in the election to represent Rochester’s 4th Ward by a margin of 190 votes. A little over a week after the election, Kirkpatrick filed a lawsuit asking the court to review the results, claiming that Friederichs was not a legal resident of the 4th Ward.

READ MORE: Lawsuit Seeks Review of Rochester City Council Election

According to the civil complaint, Kirkpatrick and three other 4th Ward voters alleged that Friederichs’ family home was outside the city limits in Marion Township. The lawsuit argued that he did not meet residency requirements, even though he listed his address as an apartment on East Center Street.

Former City Councilmember, Others Ordered to Pay Legal Fees

Prior to the filing of the lawsuit, the Olmsted County Sheriff’s Office investigated an anonymous tip concerning Friederichs’ residency and determined that his candidate application, filed in May of last year, listed an apartment along Marion Road Southeast as his residence and that he later moved to the East Center Street apartment. The investigator also found that Friederichs’ driver’s license listed the East Center Street address and that he stated his intent to live there.

Friederichs responded to the lawsuit by denying the accusations and requested reimbursement of his legal expenses. His attorney later filed a motion to dismiss the case, arguing that Kirkpatrick and the others had not met their burden to prove Friederichs was an ineligible candidate.

Court Awards More Than $7,000 in Costs and Fees

In July, an Olmsted County judge approved a motion by Kirkpatrick and the other plaintiffs to voluntarily dismiss the lawsuit. At that time, the judge left open the question of whether they would be required to pay Friederichs’ legal expenses.

In a decision filed Monday in Olmsted County Court, the judge ordered Kirkpatrick and the three other plaintiffs to pay Friederichs $6,727.50 to cover his attorney’s fees, along with $410 in court costs. The judge also left open the possibility that the lawsuit could be refiled by dismissing the case without prejudice.

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