Zoning and Land Use – Regulatory Taking

admin//August 2, 2010//

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Where the applicant sought to subdivide an outlot to create a buildable lot; the non-wetland areas of the outlot are very steep; and ten days after the applicant submitted his second subdivision application, the city amended its ordinance to prohibit the alteration of steep slopes for the construction of any structure, not just streets; we conclude that the city’s amendment to its ordinance did not constitute a regulatory taking because even before the amendment of the ordinance, the city’s comprehensive plan and related ordinance did not allow streets on slopes greater than 30%, and the applicant’s proposal conflicted with that regulatory scheme.

We reject the additional claims of error.

Affirmed.

A09-1625 McNulty Construction Co. v. City of Deephaven (Hennepin County)

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