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June 25, 2010I Volume 4I No. 12 Zoning Bulletin <br />Vested Right —City issues stop work order on <br />construction of sign that violates zoning code <br />Sign owner argues it has a vested right to use the sign, which <br />complies with a city issued permit <br />Citation: Halla Nursery, Inc. v. City of Chanhassen, 2010 WL <br />1791163 (Minn. 2010) <br />MINNESOTA (05/06/10)—This case addressed the issue of whether <br />a homeowner can have a vested right in an erroneously issued permit. <br />The Background/Facts: Donald and Sandra Halla leased their real <br />property in the city to Halla Nursery, Inc. (collectively, "Halla"). <br />In 2005, Halla applied for a sign permit from the city. Halla planned <br />to erect "an illuminated monument sign that would be approximately <br />9 feet tall with a total area of 102 square feet." Halla's application also <br />indicated that the sign would have electronic message centers. <br />The city planner issued a permit for the new sign. <br />Thereafter Halla began construction of the sign at a cost of $124,000. <br />When construction of the sign was nearly complete, the city issued a <br />stop work in response to a citizen complaint. The city's order was based <br />on the fact that the city zoning code (the "Code") required a conditional <br />use permit for electronic message centers. Additionally, the city determined <br />For authorization to photocopy please contact the Copyright Clearance Center at 222 139. Wb <br />Drive Danvers MA 01823; USA (978) 750-8400 fax (978) 546 8600 or West s Copyright,Serncesl <br />'- - 610 Opperman Drive Eagan MN 55123,_ fax (651) 687e7551 Please outline the speaftc: materi <br />involved the number ofcopiesyou wish to distribute and the purpose or format of{h'e"us -' <br />This publication wes created to provide you with accurateand authoritative information 5oncerngn9 <br />the subject matter, covered` -however, this publication was not necessarily prepared by persons] <br />licensedto practice law in a particularjuris"diction The publishers not engaged in rendering legal_„r <br />or ottier:Piefeiiictielidifte-e—inii this publication is not a substitute for the advice of an attorney- <br />` If you require legal of other expert advice, you should seek the services of a competent attorney <br />or otherprgfe3sional. ` - _ - - - - <br />Zoning Bulletin is published and copyrighted by Thomson Reuters; 610 Oppertnan Drive; P.O: Box <br />64526 St. Paul, MN 55164-0526. For subscription information: call (800) 229-2084, or write <br />Credit Order Processing, 620 Opperman Drive, PO Box 64833, St. Paul, MN 55164-9753. POSTMASTER: Send address changes to, Zoning Bulletin, 610 Opperman Drive, P.O. Box 64526 St. <br />Paul, MN 55164-0526. <br />WEST® <br />610 Opperman Drive • P.O. Box 64526 • 5t. Paul, MN 55164-0526 <br />1-800-229-2084 • email: west.customerservice®thomsonreuters.com • west.thomson.coMquinlan <br />ISSN 0514-7905 • © 2010 Thomson Reuters. Ail Rights Reserved. <br />Quinlanrm is a Thomson Reuters brand. <br />2 © 2010 Thomson Reuters <br />174 <br />