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Page 8 -- September !0, 2003 ~ Z.]3, <br /> <br /> Residents also voiced concerns about traffic congestion and damage to water <br />sources. Tl~eae assertions were also contested by the planner and town engineer. <br /> Th, e board finally den/ed the application, finding the issuance of the permit <br />1) would be "de,mental to the health, safety., and convenience, and general <br />welfare" of the community; 2) would "cause serious traffic congestion and <br />hazards"; 3) would "seriously depreciate the surrounding property, values" and <br />4) would not be in "harmony with the general purpose and intent of the local <br />zoning ordinance and the comprehensive plan." <br /> Around the same time the board made this decision, it approved the re- <br />newal of a conditional use permit for the Tiller gavel mme. That mine was <br />located in an A-2 zoning district, for "rural low density housing in agricultural <br />districts on lands not capable of supporting long term, permanent commercial <br />food production." <br /> The Magones challenged the board's decision, and both parties asked for <br />judgment without a ¢~al. The township was ~anted judgment, and the Magones <br />appealed. <br />DECISION: Reversed. <br /> The den/al of the Magones' conditional use permit was unreasonable, arbi- <br />trary, and capricious. The reasons given for the denial of the permit were le- <br />gally insufficient. <br /> It was aoted that all concerns presented by residents and other part/es were <br />unfounded and refuted. Furthermore, the Tiller mine was a sirmlar operation <br />and presented the very same issues. <br /> The board was ordered to issue the conditional use permit. <br />Citation: Magone v. Denmark Township, Court of Appeals of Minnesota, C7- <br />02-1932 (2003). <br />see also: Northwestern College v. City of Arden Hills, 281 X W..2d 865 (1979). <br /> <br />114 <br /> <br /> Zoning Bulletin <br />To order Zoning Bulletin, call (800) :229-2084, or complete and return this <br />form to Quintan Publishing Group, 23 Drydock Ave., Boston, MA 02210-2387, <br />or fax (800) 53@-8839. <br /> $'107 (plus $9.81 s&h) -- 1 year (24 issues) <br /> <br /> :.:2 New subscription Q Payment enclosed <br /> Q Renewal subscription Q Bill me ZBN3 <br /> <br />Name <br /> <br />Organization <br /> <br />Address <br /> <br />City State. <br />Phone Fax <br />[=mail <br /> <br />Zip <br /> <br /> <br />