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I I I I I I '1 I I I I I I i I I I I i2-03-1998 ~3:56PM FROM DORN LA~ FIRM, LTD 4275543 P.05 510 N.W.2d 264, R.A. Putnam & Associates, In~. v. City of Mendota Heights, Dakota County, (Minn. App. 1994) Page 1 *264 510 N.W.2d 264 ~ PUTNAlVI & ASSOCL~TES, ][NC, et al., Respondents, V. The CITY OF MENDOTA ItEIGttTS, DAKOTA COUNTY, Minnesota, Appellant. No. C2-93-1702. Court of Appeals of Minnesota. Jan. 11, 1994. Review Denied March 15, 1994. Developer asked city to rezone propc:rty from Iow- density residential to high-density residential-planned unit development. City denied the request. Developer brought action to compel city to rezone lhe property. The District Court, Dakota County, Leslie M. Metzen, J., concluded that city's action was arbitrary and without factual basis and ordered city to rezone property, grant conditional use permit, and approve sketch plan. City appealed. The Court of Appeals, Schumacher, J., held that: (1) city properly recorded basis for irs zoning decision so as to avoid presumption that irs decision was arbitrary, and (2) city offered legally sufficient reasons in mt>port of d~ial of zoning request. Reversed. 1. ZONING AND PLANNING <g:='745.1 414 --- 414X Judicial Review or Relief 414X(E) Further Review 41414745 Scope and Extent of Review 4 i4k'745.1 In general. Minn. App, 1994. Court of Appeals indepgndenfly examines city's denial of rezoning request and does not accord any special deference to district court's review of city's action. 2. ZONING AND PLANNING <g::~676 414 --- 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)3 Presumptions 414k676 Decisions of boards or officers in general. Milm. App. 1994. If city council fails to record basis for zoning determination at time it acts, zoning action is presumed to be arbitrary. 3. ZONING AND PLANNING 414 .... 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)3 Presumptions 414k675 Modification or amendment; rezoning. Mina. App. 1994. Planning mmiss~n's preparing written recommendation regarding re. zoning of property, city council's videotaping of its hearings, and city taking minutes of p!.nn~lg comm[~.qion and city council hearing and transcribing council meetings at which reasons for denial of rezoaing were discussed were enough to preclude presumption that city's decision was axbi~xary due to failure to make contemporaneous findings. 4. ZONING AND PLANNING ~S:::~676 414 .... 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)3 Presumptions 414k676 Decisions of boards or officers ia general. Minn.App. 1994. Requirement that city make contemporaneous record of basis for zoning decision if it wishes to avoid presumption that decision was arbitrary prevents city from offering after the fact justifications unrelated to acqaxal reasons for irdtial decision. 5. ZONING AND PLANNING <g:::v676 414 --- 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)3 Presumptions 414k676 Decisions of boards or officers in general. Mina. App. 1994. Municipality satisfies requirement that it make. contemporaneous record of basis for zoning decision so as to avoid presumption thax decision was arbitrary when it prepares record within reasonable time of reaching decision. 6. ZONING AND PLANNING '~::*676 414 --- 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)3 Presumptions 414k676 Decisions of boards or officers in general. Mima. App. 1994. Copyright (c) West Group 1998 No claim to original U.S. Govt. works 35