Lutsen property owner Lance Johnson lost his case against Cook County in Minnesota Supreme Court, but he showed no ill will at the county board meeting Tuesday, August 10, 2010. In fact, he offered his services as an attorney for projects on which commissioners might need help.
Johnson brought the county to court in 2006 after his property along Highway 61 west of Isak Hansen True Value was denied commercial status by the Cook County Planning Commission and the county board back in 2001. He owns two properties there, one that is residential but has had a storage shed which has been used commercially and another that is split into two parts, one half commercial and the other half residential.
The county board supported the Planning Commission’s denial of the rezoning request on September 11, 2001 (the day that has become known as “9/11” after hijacked planes destroyed the World Trade Center in New York City). But the county neglected to record in writing the reasons for its decision. The law required the county to make a decision within 60 days of Johnson’s written request and to state in writing its reasons for the denial.
Johnson contended that according to Minnesota statute, the county’s failure to state in writing the reasons for its denial meant that his request was automatically approved.
Minnesota Statute 15.99, subdivision 2 states that a governmental agency must decide on a written zoning request within 60 days of the request. “Failure of an agency to deny a request within 60 days is approval of the request,” the statute says. “If an agency denies the request, it must state in writing the reasons for the denial at the time that it denies the request.”
The county contended that it did deny the request within 60 days of receiving it, even though it neglected to state its reasons in writing.
The county won the original case, but Johnson took his fight to the Court of Appeals and won at that level.
With input from the League of Minnesota Cities, the Association of Minnesota Counties, and the Minnesota Association of Townships, the case went to Minnesota Supreme Court.
The Supreme Court concluded on July 29 that if an agency denies a request within 60 days, neglecting to state its reasons in writing does not mean the denial is invalid. It also concluded that the law does not impose a consequence for failure to state in writing the reasons for a denial at the time the request is denied.
A July 29 email to various people including County Attorney Tim Scannell from Paul Reuvers of Iverson Reuvers, the law firm that represented the county, said, “The bottom line is we have a great decision which will have a positive statewide impact on zoning decisions.” He pointed out the court’s caution that failure to put decisions in writing could subject those decisions to being overturned on the grounds that they were made arbitrarily. “In other words,” he said, “it is still vitally important to make good findings and record of any decision.”
Thecounty board had copies of the Supreme Court’s decision and reasoning behind it and did not spend time discussing the case. They asked Lance Johnson if he wanted to say anything, and he said, “I just came to listen.” Commissioner Bruce Martinson said they would have to make sure they notify applicants of their decisions within the required 60-day timeframe.
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