Nov. 20—ROCHESTER — A recently elected member of the Rochester City Council is asking for the swift dismissal of a complaint alleging he failed to meet residency requirements in the race for Rochester’s Ward 4 seat.
An attorney representing Andy Friederichs, who won the council seat by a 190-vote margin in the Nov. 5 election, filed a response Wednesday in Olmsted County District Court, asking the court to set aside a Nov. 13 complaint submitted by the sitting council member. Kelly Rae Kirkpatrick and three other residents of Ward 4.
“(The) complaint and notice of challenge are frivolous and should be dismissed quickly so that the defendant can focus on transitioning to his role as a city council member,” wrote Aaron Bostrom of the Minnetonka-based law firm Cross Castle.
The response calls the complaint a “veiled attempt by Plaintiff Kirkpatrick to legitimize her public efforts to deny the election results and spread false claims about Defendant.”
Kirkpatrick has said she does not deny the election results but questions Friederichs’ ability to seek city office, based on Friederichs’ ownership of a home outside city limits.
State and local rules require a council candidate to live within the ward, and the city charter requires a council member to live within the ward while serving in the seat.
Kirkpatrick, who represents herself along with Andrew Knauff, Rachel LaForge and Kendra Ryan in court documents, has questioned Friederichs’ ownership of a home at 4350 20th St. SE in Marion Township while claiming residency at two different rental properties this year.
Friederichs initially filed as a council candidate in May, stating he lived at 1600 Marion Road SE, The Marion Apartments. In October, he filed a second set of candidacy papers stating he had moved to The Parker, 101 E. Center St.
Friederichs owns both rental properties with his wife, Kari Ann Friederichs, who continues to live in the Marion Township home with two of their children.
“Since the county address is classified as a ‘homestead,’ Andy Friederichs updated the application for the homestead to reflect that it was no longer his residence,” Bostrom wrote in the court filing.
Andy Friederichs has said the residency change was made for personal reasons, but has declined to provide further explanation.
The Olmsted County Sheriff’s Office investigated the residency issue after an anonymous complaint was filed earlier this year. County Attorney Mark Ostrem said he saw no evidence of actions that would lead to charges, the Post Bulletin previously reported.
Kirkpatrick and the other residents have requested a higher level of review by the court.
Bostrom argues that Minnesota statute does not allow the court to investigate a candidate’s whereabouts. If so, Bostrom also raises questions about the timing of the complaint, which was filed hours before the official canvassing of local election results.
In seeking a decision in Friederichs’ favor, the response also asks the court to order Ward 4 residents to pay Friederichs’ legal fees related to the complaint.
A 15-minute telephone case management conference regarding the complaint is scheduled for December 27, 2024 at 10:00 a.m. with District Judge Christina Stevens.
