Zoning – Conditional-Use Permits

admin//July 11, 2011//

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In this zoning dispute, appellant sought a conditional-use permit and a variance. Respondent-city denied the application and variance but granted appellant a five-year “conditional interim use permit.” Appellant sought to compel issuance of the conditional-use permit and variance. On appeal from summary judgment for the city, appellant argued (1) the city failed to make its decision within the time period allowed by Minn. Stat. § 15.99 (2010); (2) the five-year permit limitation is invalid because it is unauthorized by state law and lacks a rational basis; and (3) the District Court erred by denying its motion to compel discovery. The Court of Appeals held that the District Court had correctly applied that law. Affirmed.

A10-1760 Kraemer Mining & Materials, Inc. v. City of Sauk Rapids (Benton County)

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