Laserfiche WebLink
William K. Goodrich <br />Page 7 <br /> <br />RECE)VED <br /> <br /> 1989 <br /> ............ <br /> <br />the reenactment was not done to defeat the city's referendum <br />provisions. Id. at 57, 155 N.W.2d at 285-86. The Court stated <br />that the test from Magnella is essentially whether the city has <br />acted in good faith in repealing a prior ordinance and enacting a <br />new ordinance. Id. at 57, 155 N.W.2d at 285. <br /> <br /> In the case of the Ramsey Airport Zoning Ordinance, <br />therefore, it would not be appropriate for the Ramsey City <br />Council to reenact an ordinance similar to Ordinance 87-7 unless <br />the Council acts in good faith to pass an "essentially different" <br />ordinance than the previously rejected ordinance. Megnella, 133 <br />Minn. at 100, 155 N.W. at 992. It would be clearly <br />inappropriate, however, for the City Council to enact the same or <br />similar ordinance with the intent of defeating or bypassing the <br />referendum provisions of Section 5 of the Ramsey City Charter.' <br /> <br /> QUESTION TWO <br /> <br /> Notwithstanding the City Charter <br /> authorized referendum denying the adoption of <br /> Ordinance 87-7, may the Commissioner of <br /> Transportation of the State of Minnesota under <br /> the authority of Minn. Stat. § 360.063, <br /> subd. 6 (1988) adopt, upon the request of the <br /> Ramsey City Council, zoning regulations to <br /> prevent the creation or establishment of <br /> airport hazards which could affect the Gateway <br /> North Industrial Airport? <br /> <br /> OPINION <br /> <br /> In our opinion, this question should be answered in the <br />affirmative. There is nothing in Minn. Stat. § 360.063, subd. 6 <br /> <br /> <br />