Zoning – Conditional-Use Permits

cassiejohnson//August 24, 2015//

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Relator-landowner challenged respondent Chisago County Board of Commissioners’ denial of his conditional-use permit application. Relator argued that (1) the county board’s denial was arbitrary and capricious and (2) the county board erred when it failed to consider certain Minnesota Pollution Control Agency rules. The Court of Appeals held that, in determining whether to grant a conditional-use permit, the responsible government unit may consider the resulting noise from the proposed use even if the noise levels do not exceed the sound level limits promulgated by the responsible state entity. Affirmed.

A14-1475 August v. Chisago Cnty. Bd. of Comm’rs (Chisago Cnty. Bd. of Comm’rs)

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