Afton resident loses legal battle over backyard airstrip

4/2/25

Stillwater, Minn.—Jeffrey John Walker, a longtime resident of Afton, Minnesota, has lost a legal battle against the City of Afton over his use of private property as an airstrip. A Washington County District Court judge ruled in late September 2024 that Walker must permanently cease using the land for aviation and take steps to ensure no future aircraft activity takes place there.

According to court documents, the decision ends a two-decade dispute between Walker and local authorities, marked by conflicting interpretations of zoning laws, failed criminal prosecutions and questions about due process.

According to court documents, Walker filed a civil complaint in May 2024 against both the City of Afton and the Washington County Sheriff’s Office. In it, he argued that his use of the property at 1022 Indian Trail S. as a private landing strip began in 2002—before he formally acquired the land in 2003—and that city officials were aware of and initially approved his plans.

Walker claims that the land and therefore its use is “grandfathered in.”

The complaint details how Walker began regrading the property for agricultural use and to support aircraft landings. According to Walker in court documents, city officials discussed his airstrip at public meetings and even suggested they had no legal authority to stop him from flying from his own land.

According to court documents, Walker alleged that the City of Afton later enacted targeted ordinances banning airstrips and aircraft operations. Ordinances he claimed were improperly published and selectively enforced against him. 

He also described three separate criminal prosecutions over the years: in 2007 (dismissed for lack of probable cause), 2008 (resolved by planting a tree), and 2021 (ended in full acquittal at trial), according to court documents.

His lawsuit included three claims:

• Declaratory Judgment — seeking court recognition of his right to use the property for aviation

• Promissory Estoppel — arguing that the City implicitly approved his use and he relied on those approvals

• Malicious Prosecution — targeting the Sheriff's Office for allegedly pursuing baseless charges

According to court documents,Walker asked for over $50,000 in damages, a jury trial and a court order affirming his right to operate the airstrip.

In an order issued September 24, Judge Douglas B. Meslow granted the City of Afton’s motion for judgment on the pleadings, dismissing Walker’s case in full and with prejudice—meaning he cannot refile the claims.

According to court documents, only one of Walker’s original legal claims, promissory estoppel, remained by the time of the court’s ruling. But the judge found it was barred by Minnesota’s six-year statute of limitations for contract-related actions. 

“At the latest, Plaintiff knew or should have known that he could not rely on any alleged promises when the City criminally charged him in 2007,” Meslow said in court documents.

The court also granted the City’s counterclaim for injunctive relief. Walker was ordered to:

• Immediately stop all aviation use of the property

• Take steps within 90 days to make sure it can no longer be used as an airstrip

• Allow the City to enter the property to enforce the order if he fails to comply, with costs billed to Walker

Judge Meslow concluded that the ongoing use of the airstrip constituted a knowing and continuous violation of valid zoning law, and that an injunction was necessary to prevent further harm and uphold the City's authority.