19/ “YOU HAVE A RIGHT TO A TIMELY DECISION, AND . . .”: A company (500 LLC) wanted to convert an abandoned and vacant building in the Warehouse District of Minneapolis into an office building. As soon as the company applied to the City for the necessary permits, the City’s Heritage Preservation Commission nominated the empty hovel for designation as a “designated local historic landmark.” This blocked the company from proceeding with its plans unless it could secure a “certificate of appropriateness” from the Commission.
The company applied for a “certificate of appropriateness” from the Commission. Eighty-six days later, the Commission denied the request.
In Minnesota, when an owner applies for a property variance or exemption, the government must issue a decision within 60 days, or the government will assume that the request has been granted.
The company sought a court order directing the Commission to issue the certificate because the Commission had missed the deadline. The company lost in both the district court and the Court of Appeals.
Chief Justice Gildea joined a unanimous Supreme Court in the result of overturning the lower courts and returning the case to the district court with instructions to direct the Commission to issue the certificate.
“Because the City concedes that it failed to approve or deny 500 LLC’s application for a certificate of appropriateness within 60 days, we reverse the district court’s grant of summary judgment to the City on 500 LLC’s section 15.99 claim and remand for further proceedings consistent with this opinion.”
READ THE FULL CASE DECISION:
READ THE FULL CASE DECISION:
500
LLC, Appellant, vs. City of Minneapolis, Respondent.
September
23, 2013 2013-144 A11-1705,
https://mn.gov/law-library-stat/archive/supct/1309/OPA111705-0925.pdf
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