What Bureaucrats Cannot Do One Way Cannot Be Done Another Way, This Time

34/ “CLUMSY REGULATION CANNOT KILL A CAMPGROUND”:  Elk River did not want a campground in the City.  First, it passed an ordinance making a campground a non-permitted use of land in the City.  Second, when challenged, the City then passed an ordinance that would require a campground to get a conditional-use permit for the campground.  Third, when Lorraine White secured such a permit, the City alleged that White had violated the permit and revoked it.

The district court held for White, concluding that Wapiti Park’s operation of the campground was a nonconforming use that could not be terminated by revocation of the conditional-use permit.  The Court of Appeals reversed and held for the City.

Chief Justice Gildea joined a unanimous Supreme Court in holding for Wapiti Park’s right to continue.

“A municipality lacks the authority to terminate a nonconforming use by requiring the property owner to obtain a conditional-use permit to continue the use and then revoking the conditional-use permit.  Respondent therefore lacked the authority to terminate appellants’ nonconforming use by revoking the conditional-use permit.”


READ THE FULL CASE DECISION: 

Lorraine White vs. City of Elk River, Respondent.

December 4, 2013              2013-171            A12-681

https://mn.gov/law-library-stat/archive/supct/1312/OPA120681-12042013.pdf