Sampson Properties, Ltd. Partnership v. City of Mendota Heights

No. C9-99-1015 (Minn. Ct. App. January 25, 2000)

The court holds that a city did not arbitrarily or capriciously deny a developer's applications for wetlands and conditional use permits needed to build a hotel on a city-owned drainage easement. The court first holds that the denial of the permits was not arbitrary and capricious. The fire chief's safety concerns regarding access to the parking lot and the rear of the proposed building are supported by the record and provide a rational basis for denying the permit applications. Moreover, a city may deny a conditional use permit for safety concerns even if those concerns are not embodied in an ordinance or statute. The court also holds that the city did not abuse its discretion in refusing to vacate the city-owned easement. The developer failed to demonstrate the extreme circumstances necessary for a finding of manifest abuse by the city, and the court refuses to disturb the considered legislative judgment of the city council.

The full text of this opinion is available from ELR (4 pp., ELR Order No. L-163).

Counsel for Appellant
Timothy J. Kuntz
LeVander, Gillen & Miller
633 S. Concord St., Ste. 400, S. St. Paul MN 55075
(651) 451-1831

Counsel for Respondent
James G. Golembeck
Jardine, Logan & O'Brien
2100 Piper Jaffray Plaza
444 Cedar St., St. Paul MN 55101
(651) 290-6500

[30 ELR 20281]

[NO TEXT IN ORIGINAL]