When State Bureaucrats Lack Authority To Over-ride A Local Decision

10/ “WHEN THE STATE LACKS AUTHORITY”:  Hubbard applied to the City of Lakeland for a variance in connection with Hubbard’s efforts to build a new home on a bluff overlooking the lower St. Croix River.  The City granted the variance.

The Department of Natural Resources (DNR) declined to certify the City’s action.  The DNR upheld its decision through a contested hearing pursuant to the Administrative Procedure Act. 

The court of appeals reversed the agency’s decision, concluding that the variance was deemed granted by operation of the “60-day rule” of Minn. Stat. § 15.99. 

Then-Justice Gildea wrote for the Supreme Court: “Because the Minnesota Department of Natural Resources lacked express and implied statutory authority to certify variance decisions by local units of government, the agency’s refusal to certify the variance has no effect.”


READ THE FULL CASE DECISION: 

In Matter of Denial of Certification of Variance Granted to Robert W. Hubbard by the City of Lakeland.

February 11, 2010                              2010-019            

https://mn.gov/law-library-stat/archive/supct/1002/OPA071932-0211.pdf